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HomeMy WebLinkAboutMetal Township Sewage  Chapter 18 Sewers and Sewage Disposal Article I Sewage Code Enforcement Officer §18-1.Administration of Pennsylvania Sewage Facilities Act §18-2.Sewage Code Enforcement Officer §18-3.Permit §18-4.Fees Article II Authority Rights and Privileges §18-5.Township Properties §18-6.Rules and Regulations Article III Mandatory Sewer Connection §18-7.Definitions §18-8.Use of Public Sewers Required §18-9.Building Sewers and Connections §18-10.Rules and Regulations Governing Building Sewers and Connections to Sewers §18-11.Enforcement and Penalties §18-12.Declaration and Purposes Article IV On-Lot Sewage Disposal System §18-13.Purpose §18-14.Definitions §18-15.Installation of System §18-16.Maintenance of System §18-17.Applicability §18-18.Inspection of System §18-19.Rehabilitation of Malfunctioning System §18-20.Operation of System §18-21.Right of Entry; Easement §18-22.Changes of Ownership or Tenancy §18-23.Disposal of Sewage §18-24.Service Charges; Liens §18-25.Appeals §18-26.Penalties Article V Capped Sewer System 18-1 Home Back Next §18-27.Title §18-28.Purpose §18-29.Planning and Construction §18-30.Sanitary Engineer §18-31.Fees §18-32.Violation and Penalties Article VI Holding Tank Control §18-33.Purpose §18-34.Definitions §18-35.Rights and Privileges Granted §18-36.Rules and Regulations §18-37.Rules and Regulations to be in Conformity with Applicable §18-38.Bond §18-39.Posting of Security §18-40.Rates and Charges §18-41.Duties of Improved Property Owner §18-42.Permit Required §18-43.Permitted Uses; Application for Permit, with Fees; Daily Log; Inspection of Tanks; and other Requirements §18-44.Installation §18-45.Application Procedures §18-46.Fees §18-47.Pumping Receipts/Inspections §18-48.Violations and Penalties §18-49.Abatement of Nuisances §18-50.Savings Clause Article VII Privies §18-51.Purposes §18-52.Definitions §18-53.Right and Privileges Granted §18-54.Rules and Regulations §18-55.Rules and Regulations to be in Conformity with Applicable §18-56.Rates and Charges §18-57.Condition of Privy Use §18-58.Location and Construction §18-59.Exclusiveness of Rights and Privileges §18-60.Duties of Improved Property Owner §18-61.Violations and Penalties §18-62.Abatement of Nuisances §18-63.Savings Clause 18-2 Home Back Next  §18-1Sewers and Sewage Disposal§18-4 Article I Sewage Code Enforcement Officer §18-1.Administration of Pennsylvania Sewage Facilities Act . The Board of Supervisors shall hereafter administer the provisio Pennsylvania Sewage Facilities Act, Act No. 537 of the General Assembly of the Commonwealth of Pennsylvania approved January 24, 1966, in accor rules, regulations, standards, and procedures now or hereafter a Department of Health of the Commonwealth of Pennsylvania pursuant to said Act. (Ord. 7/1/1967) §18-2.Sewage Code Enforcement Officer . The Board of Supervisors shall appoint a Sewage Code Enforcement Officer as its authorized representative or agent who shall receive all applica for a permit to install an individual or community sewage dispos construct any building in which an individual or community sewage disposal system is to be installed, shall issue or deny such permit, may revoke any such permit for cause, and shall make all necessary inspections. All fees for such permit shall constitute the only compensation for the performance of the duties of the Sewage Code Enforcement Officer and for payment of all expenses in connection with said office, it being the intention of this Chapter to administer the said Act without expense to said Township. Permit fees are addressed in §18-4. (Ord. 7/1/1967) §18-3.Permit . Application for permit for installation of systems shall be obtained from and delivered to the Township Office during working hours. Application shall be on form provided by Township and accompanied by fees. (Ord. 7/1/1967) §18-4.Fees . At the time of making the written application for any permit herein provided, the applicant shall pay such fees as the Township may adopt by Resol time for the issuance of such permit and inspection. (Ord. 7/1/1967) 18-3 Home Back Next 18-4 Home Back Next  §18-5Sewers and Sewage Disposal§18-6 Article II Authority Rights and Privileges §18-5.Township Properties . The Township grants to the Authority, its successors and assigns, all easements, rights-of-way and other rights and privileges necessary and desirable in, along, over and under street, roads, lanes, courts, cul-de-sacs, alleys, public ways, public squares and other properties of the Township, together with free ingress, egress and regress therein and thereto, for use in connection with constructing, replacing, repairing, altering and maintaining the sewer system and the water system, contemplated or shall exist from time to time. (Ord. 3/1/1974) §18-6.Rules and Regulations . The rights and privileges granted to the Authority under §18-5 shall be exercised by the Authority under and subject to such reasonable rules and be adopted and specified, from time to time, by resolution of the Board of Supervisors of Metal Township. (Ord. 3/1/1974) 18-5 Home Back Next 18-6 Home Back Next  §18-7Sewers and Sewage Disposal§18-7 Article III Mandatory Sewer Connection §18-7.Definitions . Unless the context specifically and clearly indicates otherwise, the meaning of the terms used in this Article shall be as follows: Authority - the Metal Township Municipal Authority, Franklin County, Pennsylvania, a municipal authority incorporated under the Munic Authorities Act of 1945, P.L. 382, or any designated agent, repr employee acting on behalf of the Authority. Building sewer - the extension from the sewage drainage system of any structure to the lateral of a sewer. Improved property - any property located within the Township and within the area served by the Authority upon which there is erected a structure or structures intended for continuous or periodic habitation, occupancy, at use by human beings or animals and from which structure or structures sewage, wastew industrial waste shall be or may be discharged. Industrial wastes - any liquid, gaseous, radioactive, solid or other substance, not sewage, resulting from any manufacturing or industrial activity or from any establishment, as compared to the liquid wastes from industrial processes, which is distinct from segregated domestic wastes or wastes from sanitary conveniences. Lateral - that part of the sewer system extending from a sewer to the c or if there shall be no curb line, to the property line or, if n provided, then "lateral" shall mean that portion of or place in a sewer which is provided by the Authority for connection of any service line. Owner - any person vested with ownership, legal or equitable, sole or partial, of any improved property located within the area served by the Authority. Person - any individual, partnership, company, firm, association, soci corporation or other group or part of legal entity. Sewage - a combination of water carried wastes from residences, commer establishments, industrial facilities, and institutions. Sewer - any pipe or conduit constituting a part of the sewer system u usable for sewage collection and transportation purposes. Sewer system - all facilities, as of any particular time, for collecting, pu transportation, and/or disposing of Sanitary Sewage and/or industrial wastes, situate in or adjacent to the Authority's System, undertaken to be constructed and/or to be acquired to be owned, to be maintained and to be op Authority for rendering sewage service. Street - includes any street, road, lane, court, alley and public squa Township - Metal Township, Franklin County, Pennsylvania. (Ord. 2002-2, 1/28/2002) 18-7 Home Back Next  §18-8Township of Metal§18-8 §18-8.Use of Public Sewers Required . 1.The owner of any improved property located in the Township and adjoining or adjacent to the sewer system or whose principal building is with sewer system shall connect such improved property to the sewer system, in such manner as the Township and the Authority may require, within 60 after notice to such owner from the Township to make such connection, for the purposes of discharge of all sewage and industrial wastes from such improved property, subject to such limitations and restrictions as shall be established herein or otherwise sha Township or the Authority, from time to time. 2.Sewage and Certain Industrial Wastes to be Discharged into Sewer. All sewage and, to the extent permitted by the Authority, industrial wastes property shall be discharged into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the Authority from time to time. 3.Unlawful Discharge or Deposit of Sewage and Industrial Wastes. No person shall place or deposit or permit to be placed or deposited upon public or private property within the area served by the sewer system any sewage or industrial wastes in violation of §18-8.2. No person shall discharge or permit to be discharged to any natural outlet within the area served by the sewer system any sewage or industrial wastes in violation of §18- 8.2 except where suitable treatment has been provided which is satisfactory to the Authority. 4.Unlawful Water Discharge. No person shall discharge or cause to be discharged any spring water, stormwater, surface water, ground water, roof runoff or sub-surface drainage, building foundation drainage, drainage from roof leader connections, cooling water or unpolluted industrial or commercial process waters into the public sewer/public sewage system except with the consent and approval of the Authority. Basement floor and garage floor drains shall not be connected to the service line. 5.Certain Receptacles Not To Be Used. No privy, privy vault, cesspool, sinkhole, septic tank, holding tank, or similar receptacle shall be used and maintained at any time upon any improved property which has been connected to a sewer or which shall be required under §18-8.1 to be connected to a sewer. Every such privy, privy vault, cesspool, sinkhole, septic tank, holding tank, or similar receptacle in existence shall be abandoned, rendered inoperable and shall be pumped out by a certified hauler and contents disposed of properly and in accordance with applicable laws, and the tank must be removed or knocked down and or back filled with suitable material under the observation and approval of the Authority; and any such privy, cesspool, sinkhole, septic tank, holding tank, or similar receptacle not so abandoned and not so cleansed and filled shall constitute a nuis may be abated as provided by law, at the expense of the owner of such improved property. 6.Certain Receptacles and Drainage Facilities Not To Be Connected. No privy, privy vault, cesspool, sinkhole, septic tank, holding tank, or similar receptacle at any time shall be connected to a sewer. No surface or subsurface drainage facility shall at any time be connected to a sewer. 7.Notice to Connect. The notice by the Township to make a connection to a sewer, 18-8 Home Back Next  §18-8Sewers and Sewage Disposal§18-9 referred to in §18-8.1, shall consist of a written or printed document requiring the connection and referring to this Article and may be given at any time after a sewer is in place which can receive and convey sewage and, to the extent permitted by the Authority, industrial wastes, for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by certified or registered mail or by such other method as at any time may be provided by law. (Ord. 2002-2, 1/28/2002) §18-9.Building Sewers and Connections . 1.Permit to Connect. No person shall uncover, connect with, make any opening into or use, alter or disturb in any manner any sewer or any part of the sewer system without first obtaining a sewer connection permit, in writing, from the Authority. 2.Application by Owner. Application for a permit required under §18-9.1 shall be made by the owner of the improved property served or to be served on an application form of the Authority. 3.Certain Conditions to be Met Prior to Making a Sewer Connection. No person shall make or cause to be made a connection of any improved property with a sewer until such person has fulfilled each of the following conditions A.Such person shall have notified the Authority of the desire an to connect such improved property to a sewer at least 1 week before service is required. B.Such person shall have applied for and obtained a permit as re §18-9.1 of this Article and shall have paid all required permit and applicable connection and/or tapping fees. C.All sewer service lines must be inspected by the Authority's inspector. Trenches must be left open. The Authority is to be notified no l in advance of installation and an appointment made for inspectio additional 24-hour notice for inspection of the building sewer/service line will be required. All pipes and pipe joints must be visible and accessible to the Authority Inspector. If the work is satisfactory, the permit, which must b time of inspection, will be endorsed and returned to the owner. D.Such person shall have furnished satisfactory evidence to the that any tapping fee or connection fee imposed by Resolution of the Authority against the owner of the improved property who connects such improved property to a sewer has been paid, or in those cases where the owner conn sewer into the sewer system constructed by the owner and no connection fee is charged, all required impact, permit, and inspection fees have b adequate bond or surety has been provided to insure payment ther 4.Each Improved Property to be Connected Separately. A separate and independent building sewer/service line shall be provided for every improved property. A separate and independent building sewer/service line shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one building sewer/service line, but the Authority 18-9 Home Back Next  §18-9Township of Metal§18-10 does not and shall not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned. 5.Certain Costs Payable by Property Owner; Liability Therefore. All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer, including testing, shall be born improved property to be connected; and such owner shall indemnify and save harmless the Township, the Authority and their agents from all loss and d occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to a sewer. 6.Point of Connection; Manner of Connection. A building sewer shall be connected to a sewer at the place designated by the Authority and where the lateral is provided. The invert of a service line at the point of a gravity connectio or a higher elevation than the invert of the sewer, unless the c connection from a force main discharge, as approved by this Authority. The connection of a service line to the lateral shall be made secure and watert 7.Authority to Make Sewer Connection and Collect Costs and Expenses. If the owner of any improved property accessible, benefitted, improved or accommodated by a sewer, after 60 days notice from the Township, in accordance with §18-8.1, shall fail to connect such improved property, upon authorization by the Township, the Authority may make such connection and may collect from such owner the cos thereof by the filing of a municipal claim or lien, an action in legal proceeding as may be permitted by law. (Ord. 2002-2, 1/28/2002) §18-10.Rules and Regulations Governing Building Sewers and Connections to Sewers . 1.Conditions for Use of Existing Structure Sewer. Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or device, the existing sewer line may be broken at the building line or at such other location approved by the Authority and attachment may be m fittings, approved by the Authority, to continue such structure sewer line as a building sewer. 2.Building Sewer to be Inspected Before Covering. No building sewer shall be covered until it has been inspected and approved by the Authorit building sewer is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to the sewer. 3.Responsibility for Maintenance of Building Sewers. Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition at the cost and expense of the owner of such improved property. 4.Guarding of Excavation; Restoration of Streets, Sidewalks and Other Public Property Disturbed. Every excavation for a service line shall be guarded adequatel protect all persons and property from damage and injury. Street, sidewalks and other public property disturbed in the course of installation of a service line shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this Authority. In paved areas and roadways, the surface shall 18-10 Home Back Next  §18-10Sewers and Sewage Disposal§18-12 be restored to meet or exceed the original condition of the road, shoulder or parking area. Roadway and berm restoration must met all Pennsylvania Dep Transportation (PA DOT) requirements as well as applicable local requirements. Prior to digging, PA One Call System shall be notified for utility location. All design plans submitted to the Authority for review shall include PA One Call Notification requirements. 5.Effects of Failure to Remedy Unsatisfactory Conditions. If any person shall fail or refuse, upon receipt of a notice from the Authority, in writing, to remedy any unsatisfactory condition with respect to a building sewer within 30 days of receipt of such notice, the Authority may refuse to permit such person to discharge sewage or industrial wastes into the sewer system until such unsatisfactor been remedied to the satisfaction of the Authority. 6.Installation of Building Sewers. The installation of a building sewer shall be the responsibility of the owner and shall be installed at the co owner. Building sewers shall be installed in accordance with the Technical Specifica- tions and Standard Regulations of the Authority regarding the in which Technical Specifications and Standard Regulations are by reference incorporated as a part of this Article and made a part hereof. 7.Other Rules and Regulations. The Authority shall establish such other rules and regulations governing building sewers and connections as may be required. (Ord. 2002-2, 1/28/2002) §18-11.Enforcement and Penalties . 1.Penalty for Violation. Any person who shall violate any of the provisions of this Article shall, upon conviction thereof in a summary proceeding before a District Justice of the Peace, be sentenced to pay the fines and costs and be gen penalties under Chapter 1, §23.1. Each day that a violation shal deemed and shall be taken to be a separate offense and shall be Charges of construction of sewer mains shall be a lien against the property and enforced in the manner provided by law. 2.Enforcement and Recovery of Fines and Costs. Fines and costs imposed under provisions of this Article shall be enforceable and recoverable time provided by applicable law. (Ord. 2002-2, 1/28/2002) §18-12.Declaration of Purposes . It is declared that the enactment of this Article is necessary f benefit and preservation of the health, safety and welfare of inhabitants of Metal Township, Franklin County, Pennsylvania. (Ord. 2002-2, 1/28/2002) 18-11 Home Back Next 18-12 Home Back Next  §18-13Sewers and Sewage Disposal§18-14 Article IV On-Lot Sewage Disposal System §18-13.Purpose . The purpose of this Article is to regulate the installation, ins rehabilitation, and replacement of existing and future on-site sanitary waste disposal systems only within the Management District. (Ord. 1991-1, 5/2/1991) §18-14.Definitions . 1.This Chapter incorporates by reference all definitions of words used in the Chapter which are defined in the Clean Streams Law, 35 P.S. §691 et seq., the Pennsylvania Sewage Facilities Act ("Act"), 35 P.S. §750.1 et seq., and valid regulations promulgated pursuant thereto by the Department of Environmental published in the Pennsylvania Code, Title 25, Chapter 71. 2.In addition the following words and terns when used in this Ar the following meanings: Alteration - the repair, modification or replacement of any component of a System. Authorized agent - the Township's authorized Sewage Enforcement Officer ("SEO"), Engineer, Plumbing Inspector, Soils Scientist, Township Supervisor or any other person authorized by the Township to carry out provisions of this Chapter. Malfunction - the failure or inadequacy of a system whereby it causes or is likely to cause pollution of ground or surface waters, contamination of public or private drinking water supplies, or presents a hazard to public health. Indications of a malfunctioning system include, but are not limited to, foul growing over the system, backup of waste water into the attached ground over the system, surfacing, sewage, effluent flowing over the ground, indicated lack of holding tank pumping consistent with the needs and the absence of any required visual markers. Management District - that area of the Township embracing the Village of Fannettsburg and its environs, which include the area known as L Campsites, and as more particularly indicated by the draft attached to the Appendix and made a part hereof, indicating such area. Person - in addition to the definition in the Act, means the entity or person or persons who utilize a system as owner or tenant of any property. Property - any tract of real estate whereon a system is or is intended t located within the Management District. System - an on-site sewage facility, whether publicly or privately owned, and of whatever type, subsurface or aboveground, including without limitation, a retaining (holding) tank, or septic (or aerobic) tank with drainage field within the Management District. (Ord. 1991-1, 5/2/1991) 18-13 Home Back Next  §18-15Township of Metal§18-16 §18-15.Installation of Systems . 1.Sewage permits in compliance with "Chapter 73, Standards for S Disposal Facilities" of Title 25, Rules and Regulations, Department of Environmental Protection and any ordinance of this Township regulating the des alteration of subsurface waste disposal systems or alternative systems shall be issued by the SEO. The Supervisors shall retain final authority for the conditions and issuance of permits. The permit shall incorporate at a minimum all the re Chapter relating to inspection, maintenance, operation and right others. 2.No building permit shall be issued for a building to be servic prior to receiving a permit from the SEO or Secretary of the Supervisors authorizing the installation or rehabilitation of the system. (Ord. 1991-1, 5/2/1991) §18-16.Maintenance of Systems . 1.A system shall be maintained at all times by the tenant and ow property in such condition as will permit it to function in the manner in which it was designed and such as to prevent the unlawful discharge of sewage 2.Each person utilizing a system shall maintain the area around as to provide convenient access to the system for inspection, maintenance and pumping. 3.A septic tank with drainage field shall be pumped out within 3 original enactment of this Article and every 3 years thereafter.Ord. 2002-5] 4.Retaining holding tanks shall be pumped out at such intervals as will prevent overflow, leakage, backup and other malfunctions of an overloaded system. No system shall be altered, damaged, by-passed, or otherwise utilized in a manner, which is not consistent with its intended purpose to prevent sewage from entering the surrounding soil. 5.The pumping requirement for septic tanks may be increased to more frequent intervals for proper operation of the system if the Township finds that the system is malfunctioning, that the system has malfunctioned in the past, that seasonal use will significantly increase use of the system, that the number of people using the system has increased, that a garbage grinder has been installed, or for other good cause. The Township shall terminate its requirement for increased frequency of pump-out upon elimination of the factor causing the requirement. An owner can appeal the determina- tion of an increase in the required frequency of pump-out throug set forth in §18-25. 6.Upon application and for good cause, the pumping requirement for septic tanks may be reduced where the owner can demonstrate to the Township that the system can operate properly without the need for pump-out for a period longer than therein required, but in no case shall such period extend beyond 7 years. Such a request shall be made at anytime and must be in writing with all supporting documents attached. The Township in making its determination shall take into account the information submitted, the sewage permit issued by the SEO upon installation the system and supporting documentation, reports of inspection a system and other relevant information including, but not limited to, an on-site 18-14 Home Back Next  §18-16Sewers and Sewage Disposal§18-18 inspection. Applicant shall bear the cost of any inspection. 7.The Township may require other maintenance activity to be perf system during regularly scheduled pump-out of the septic tank such as cleaning and unclogging of pipelines, connecting tank and disposal field, and distribution box and mechanical equipment or extension of draina 8.If any inspection of a system reveals the need to pump out or maintenance on a septic tank prior to its next regularly scheduled pump-out, owner shall complete the necessary maintenance activity within 30 days of receipt of the inspection report. If such activity is not completed within this time period, the Township may undertake the required activity and the costs therefore shall be assessed against the owner plus 15% for overhead and supervision. 9.Each time a septic tank or retaining tank is pumped out, the T authorized agent, or a private septic sewage waste hauler, whichever provides the service, shall provide for the owner of the system a signed receipt containing the following information: Date of pumping; name and address of system owner; address of tank's location if different from owner's; size of the tank, age of the system; date of last pump-out; list of other maintenance performed; any indications of system malfunction observed; amount of sewage removed; cost of pumping service; waste hauler state license number permitting it to collect and haul sewage in the Common- wealth of Pennsylvania; any recommendations. A receipt shall be submitted to the Township to serve as proof of compliance with pump-out requirements of §18-16. A copy shall be retained by the system owner. (Ord. 1991-1, 5/2/1991; as amended by Ord. 2002-5, 5/2/2002) §18-17.Applicability . Both the owner(s) and occupants(s) of a property shall be responsible for complying with this Chapter. Any contractual conditions for use of a property (lease) shall not operate to relieve the owner of any of the obligations imposed by this Chapter, but any owner may notify the Township in writing of the names of all adu property for purposes of sending notices, bills and other commun leasehold period. If the resident of a property shall move there from, initial responsibil- ity for compliance shall revert back to the owner even though a valid agreement with the resident shall continue to exist. (Ord. 1991-1, 5/2/1991) §18-18.Inspection of Systems . 1.All systems shall be inspected by the Township or its authorized agent within 5 years of the effective date of this Codification and every 7 y determine whether or not the system is operating properly. Such inspection may occur in different months of each inspection year and shall include in components of the system as the inspector may deem necessary. In sampling of soils in and around the disposal field, surface wate property and ground water from active or inactive wells in and around the disposal field. It may also include review of receipts for cost of pumping a retaining tank. 2.The frequency of inspection on any property may be increased if a system is reported as currently malfunctioning, if a regular inspection reveals a malfunctioning 18-15 Home Back Next  §18-18Township of Metal§18-19 system, if the system has malfunctioned in the past, if the septic tank pump-out is required less than every 5 years pursuant to this Section, if seasonal use will significantly increase use of the system, if the number of the people using the system increases and for other good cause. A person may appeal from an frequency of inspection through the administrative appeal process detailed in §18-25. 3.An inspection report to the Supervisors shall be made in writi authorized agent has inspected a property and observed a malfunctioning system. On complaint by any person of the existence of a possible malfuncti cause an inspection of the system to be made. 4.A copy of the inspection report shall be furnished to the occu property and the owner, at the owner's last known address, and shall contain, insofar as reasonably ascertainable, the date of inspection, name and ad as appears on the records of the Township, a description and dia the system, the apparent size of the tank and disposal field, th indications of system of malfunction observed, the results of al indicated frequency of pumping the tank and any required remedial action. 5.A newly installed or rehabilitated system must be built with m access hatch. The riser and access hatch shall be constructed so as to enable easy access to the waste disposal tank and prevent odors from escaping, prevent children from removing the hatch, provide accessibility for provisional inspection, and maintenance shall be provided in the drainage fields via 4 inch vertical non connected directly to the drain tile at a minimum of four locations in the drainage field. A new or rehabilitated retaining tank shall have installed a marker or markers at ground level locating the subsurface tank and means of access to the tank to enable inspection and removal of sewage by the hauler. 6.All existing retaining tanks shall have a visual content level indicator attached which is maintained in good working order at all times. (Ord. 1991-1, 5/2/1991) §18-19.Rehabilitation of Malfunctioning Systems . 1.Any system or component thereof found to be malfunctioning sha modified or replaced pursuant to direction of the Township or its authorized agent to correct the conditions caused by the malfunction. Rehabilitation `bbnqc`mbdvhsgBg`osdq62+nRs`mc`qcrenqNm,knsRdv`fdSqd`sld Title 25, Rules and Regulations, Department of Environmental Protection. The SEO shall inspect rehabilitation and certify compliance with local and state standards, by issuance of a permit. The Township shall retain final authority issuance of a permit. 2.Repair, modification or replacement pursuant to direction of the Township or its authorized agent shall commence within 30 days of issuance o be completed within 90 days unless seasonal conditions mandate a which case the Township shall set the extended completion date. commenced or completed within the allotted time period, the Township or its authorized agent or a private party under contract to the Township may, but the required repair, modification, rehabilitation or removal. If performed by private party at the direction of the Township, the private contractor s 18-16 Home Back Next  §18-19Sewers and Sewage Disposal§18-21 Township for work performed and the property owner shall be assessed for costs incurred. 3.The owner of any system shall not undertake any independent re modification or replacement of a system without prior notice to and approval of the SEO. Upon completion, the SEO shall inspect the rehabilitated system and certify its compliance with state and local standards by issuance of permit. 4.If, in the opinion of an authorized agent, a system cannot be or replaced in order to abate a malfunction, or if repairs, modification, replacement, or maintenance has not been performed within applicable time limits the owner(s) and tenants(s) of such condition that operation of the system must be terminated. Either tenant or owner may appeal such determination through the appeal process detailed in §18-25, and must exhaust such appeal remedy before appealing to a Court. (Ord. 1991-1, 5/2/1991) §18-20.Operation of Systems . 1.All systems shall be operated by the user in such manner as wi compliance with the terms of this Chapter and state laws. 2.Only sewage and normal domestic wastes shall be discharged into a system. The following waste shall not be discharged into the system: ind grease and garbage grindings, automobile oil, toxic or hazardous including but not limited to pesticides, disinfectants, acids, paint, paint thinner, herbicides and solvents. 3.Alt sewage and discharges of water resulting from usage in a residence shall be discharged only in to the system on the property. 4.Users are encouraged to minimize water use and install water savings devices in order to increases efficiency and promote longer life of a system. (Ord. 1991-1, 5/2/1991) §18-21.Right of Entry; Easement . 1.An authorized agent, upon presentation of proper identificatio permitted to enter upon any property for purpose of inspection, observation, sampling, maintenance and rehabilitation of a system in accordance with the provisions of this Chapter and the Act. 2.Prior to entry on a property by an authorized agent, the occupant of a property shall be given advance notice of the intent to enter upon the property for inspection or other activity. The purpose of such advance notice is to enable personally present or by an agent at the time of such entry. If personally present on the property at the time a request to enter is made by an authorized agent, any advance notice may be waived by the occupant if the purpose of the entry is inspection or sampling. Advance notice shall be giv prior to entry, unless waived, and shall be by telephone, ordinary U.S. mail, or by notice posted on the entrance to the residence or other place where it is likely to be seen by the occupant. In the event that the property appears to the authorized agent to be vacant, notice shall be given to the owner. If mail notice is given to an occupant or owner under 18-17 Home Back Next  §18-21Township of Metal§18-22 any of these circumstances, it shall be given by ordinary U.S. m address of the person to whom addressed at least 7 days prior to intended entry. In any instance where an occupant's name and whereabouts are not known, then notice shall be given by posting on the property. The last known address for any owner shall be that address which appears in the records of the Tax Assessor's Office of Franklin County for that owner. The foregoing subparagraph .2 shall not be applicable, and no notice need be given before entry where it can be observed from the public street that a system is malfunctioning or being operated improperly. 3.Any property on which a system is presently under construction or is to be constructed in the future shall not be conveyed by the owner without inclusion of language in the deed granting the Township the right to enter upon that property for purposes of inspection, sampling, maintenance or rehabilitation of the system or any other activity necessary to effectuate the provisions of this Chapter, upon due notice. 4.Failure to give due notice as provided herein shall not give r of action against the Township for trespass, invasion of privacy or any other damages whatsoever. The Township shall be responsible, however, to the occupant or owner as the case may be, for any physical damage caused to the property by such entry. (Ord. 1991-1, 5/2/1991) §18-22.Changes of Ownership or Tenancy . 1.In the event of a change of tenancy in any leased property an owner shall notify the Township at least 5 business days in advance of the intended change of occupancy. The Township may conduct an inspection of such system in accorda this Chapter without prior notice. If the system is found to be malfunctioning, remedial measures shall be taken to correct the problem including, but not limited to, maintenance and rehabilitation of the system. If inspected, a written report shall be furnished to the owner and tenant and if satisfactory a permit s 2.In the event of a sale of a property advance notice of the int date shall be given to the Township at least 5 business days in sale. The Township may conduct an inspection of such system in a 16 of this Chapter without prior notice. If the system is found to be malfunctioning, remedial measures shall be taken to correct the problem including, but not limited to, maintenance and rehabilitation of the system. If inspected, a written inspection report shall be furnished to the buyer and seller or their agent, and if satisfactory a permit will be issued. 3.Where the inspection report indicates conditions which are not in conformity with this Chapter or the Act, conditional use of the system may be granted for a limited period not exceeding 6 months wherein the tenant or owner agrees to complete the required remedial measures to the satisfaction of the Township. 4.It is the desire of the Township to conduct an investigation of each property as to which a transfer of tenancy or occupancy is intended to occur, but this provision shall not create a mandate that it do so. No permit or report shall be deemed a guarantee or warranty by the Township to any party. A property with multiple tenancies serviced by one system shall not be subject to the foregoing notice requirement in the event of change in one, but not all, of the tenants. 18-18 Home Back Next  §18-23Sewers and Sewage Disposal§18-24 (Ord. 1991-1, 5/2/1991) §18-23.Disposal of Sewage . 1.All sewage disposed of within the Township by pumping out shal of at sites or facilities approved by the Pennsylvania Departmen Protection and operated in accordance with state regulations. 2.The Township may provide for the pumping out of any system wit Management District, either by its own operators and equipment or by contract with an approved hauler. In the event the Township undertakes to operate or contract for a pumping out of systems all persons within that area shall eith Township for regular pumping out or contract with a hauler approved by the Township and shall not undertake pump-out in any other manner. 3.In the event the Township provides for disposal of sewage at a site or facility owned and operated by it, acceptance of sewage not collected within the Management District may be restricted and if such restriction exists, the waste hauler must certify to the disposal site or facility operator upon delivery of the sewage that the entire contents of the truck comes from systems located within the Management District, failing which the entire truck load may be refused. 4.All sewage waste haulers doing business in the Township must p of the permit issued by the Pennsylvania Department of Environme authorizing the disposal of sewage or waste sludge and must notify the Township that they are operating in the Township. Any sewage waste hauler who or state law, conditions of its state permit, or regulations of the Township including, but not limited to, disposal of sewage at non-approved disposal sites or facilities, disposal of sewage from outside the Township at sites or facilities that only accept sewage from within the Township, or failure to clean up after disposing of its sewage may be prohibited by the Township from operating in the Township. Such appealed by the aggrieved party through the administrative appeal process detailed in §18-25. 5.The Township shall encourage and assist public agencies and private parties in developing sewage disposal sites or facilities or in altering existing facilities to enable them to accept wastes. (Ord. 1991-1, 5/2/1991) §18-24.Service Charges; Liens . 1.The fees for any application, inspection, review or other matters undertaken by the Township or authorized agents under this Chapter shall be sufficient to cover the fair and reasonable expenses of those activities and shall be su Resolution of Supervisors on the minutes of a Township meeting f 2.Pumping out of retaining tanks or septic or septic tanks shall be charged as established from time to time by contracted pumper/haulers. 3.The Township shall have authority to contract with any private partnership, corporation or any public agency to undertake any activity necessary to fulfill the requirements of this Chapter. 4.The established fee for processing an application to permit co 18-19 Home Back Next  §18-24Township of Metal§18-26 rehabilitation of a system shall be payable to the Secretary/Treasurer of the Township upon the issuance of the permit. 5.All other charges incurred by or on behalf of the Township and all charges for inspection, re-inspection or other matters undertaken by the Township under this Chapter shall be billed to the owner(s) of a property and be payable within 15 days. Thereafter a late payment penalty of 1% per month for each month payment is not made will be assessed. 6.Outstanding delinquent charges shall constitute an assessment against the property and may be filed as a municipal claim with the Prothonotary of the county. (Ord. 1991-1, 5/2/1991) §18-25.Appeals . Appeals from decisions made under this Chapter shall be made to Supervisors by any aggrieved party in writing within 30 days from the date of the decision concerning frequency of inspection, frequency of maintenance, rehabilitation, disposal of sewage or termination of operation of a system. Appellant shall be entitled to an administrative hearing before the Township Supervisors at their next regularly scheduled meeting if made at least 14 days prior to the meeting meeting. The Township Supervisors may thereafter reverse, modify or affirm the decision and the hearing may be postponed for good cause shown by the appellant or the Township. Additional evidence may be introduced at a hearing submitted with the written notice of appeal. A party may be represented by another person empowered to act on appellant's behalf. No transcript of the hearing shall be necessary and the Supervisors shall render a decision within 30 decision is rendered within such time the relief sought by appel granted. (Ord. 1991-1, 5/2/1991) §18-26.Penalties . 1.Any person who violates any provision of this Chapter shall be notice by the Township stating the nature of the violation and the penalties prescribed in subsection .2, and providing a reasonable time limit for the satisfactory correction thereof. The offender shall within the period of time stated in cease such violation or violations. 2.Any person who shall violate any provision of this Chapter and continue any violation beyond the time limit provided for in notice of violation shall, upon conviction thereof, be subject to pay the fines and costs and be generally subject to the penalties under Chapter 1, §23.1. 3.It shall not be a defense for any penalty herein imposed that written notice of the violation and correction period has not been actually received by a person alleged to be in violation of this Chapter if the same is (A) mailed by ordinary U.S. mail to the last known address of the person as ascertained by the Assessor' County, or local Tax Collector or (B) posted on the property. Notice to one of multiple owners shall be deemed notice to all. (Ord. 1991-1, 5/2/1991) 18-20 Home Back Next  §18-27Sewers and Sewage Disposal§18-29 Article V Capped Sewer System §18-27.Title . Sghr@qshbkdrg`kkadjmnvm`rsgdnB`oodcRdvdqNqchm`mbd-o (Ord. 2002-1, 1/7/2002) §18-28.Purpose . For the purpose of this Article, the following terms shall have indicated: Developer - any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a s land or a land development. Land development - (1)The improvement of one or two or more contiguous lots, tracts parcels of land for any purpose, including large-scale agricultu operations and earthmoving activities in excess of 1 acre, invol (a)A group of two or more residential or nonresidential build- ings, whether proposed initially or cumulatively, or a single nonresi- dential building on a lot or lots regardless of the number of oc or tenure. (b)The division or allocation of land or space, whether initiall or cumulatively, between or among two or more existing or prospec- tive occupants by means of or for the purpose of, streets, commo areas, leaseholds, condominiums, cooperatives, building groups o other features. (2)A subdivision of land; provided, however, that the addition o accessory building, including farm buildings less than 8,000 squ size, on a lot or lots subordinate to an existing principal buil constitute a "land development," as defined herein. Subdivision - the subdivision or redivision of a lot, tract, or parcel of l any means into two or more lots, tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate partition by the court for distribution to heirs or devises, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. (Ord. 2002-1, 1/7/2002) §18-29.Planning and Construction . Sanitary sewers shall be planned and constructed by the developer in all instances where sanitary sewer facilities for transporting sewage for treatment are available to which the developer can connect. If such facilities are not available, but the subdivision 18-21 Home Back Next  §18-29Township of Metal§18-32 or land development is within the 5 or 10 year future growth/sewered areas as defined by the Municipality's Official Sewage Facilities Plan, or will, in the opinion of the Board of Supervisors (hereinafter called the "Board"), become available within a reasonable time or, shall be requested by the appropriate governmental agency responsible for the planning, development or regulation of community sewage systems, then sanitary sewers shall be installed by the developer and all termini shall (Ord. 2002-1, 1/7/2002) §18-30.Sanitary Engineer . The sanitary engineer for the Metal Township Municipal Authority (hereinafter "Authority") shall design, or approve the design if formulated by others, and shall supervise and inspect construction of all sanitary sewers constructed by the developer in order to give assurance that said sewers will coordinate and have congruity with the Board's overall comprehensive sewer plans. All sewage pumping stations, interceptors and treatment plants to be installed by the developer shall be designed by (or approved by, if the design is formulated by others) the Authority's sanitary engineer who shall also supervise and inspect construction thereof. (Ord. 2002-1, 1/7/2002) §18-31.Fees . Design, approval of design, supervision and inspection fees for services rendered on behalf of the developer by the Authority's sanitary engineer shall be in accordance with fees set forth from time to time by the Authority for such purposes. (Ord. 2002-1, 1/7/2002) §18-32.Violation and Penalties . Any person, partnership, or corporation who or which shall violate a provision of this Article shall be subject to the fines, costs and penalties Chapter 14, §14.3 et seq. (Ord. 2002-1, 1/7/2002) 18-22 Home Back Next  §18-33Sewers and Sewage Disposal§18-34 Article VI Holding Tank Control §18-33.Purpose . The purpose of this Article is to establish procedures for the u of existing and new holding tanks designed to receive and retain sewage whether from residential or commercial uses and it is hereby declared that the enactment of this Article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Municipality. (Ord. 2002-7, 10/3/2002) §18-34.Definitions . Unless the context specifically clearly indicates otherwise, the meaning of terms used in this Article shall be as follows: Authority - shall mean Metal Township Municipal Authority of Franklin County, Pennsylvania. Board - the Board of Supervisors of the Metal Township of Franklin County, Pennsylvania. Code - the Metal Township Code. Design standards - design standards for holding tanks as established by DEP (25 Pa.Code §73.61 et seq.) as well as all relevant installation standards and relevant locational standard established by such regulation are incorporated herein by reference as fully as though set forth at length. As used herein, the term "design standards" shall be deemed to include "installation standards" a standards." DEP - the Bureau or office of the Department of Environmental Prote the Commonwealth of Pennsylvania which is responsible for administering the issuance of permits and promulgating the regulations governing t permits for holding tanks. Holding tank - a watertight receptacle, whether permanent or temporary, which receives and retains sewage conveyed by a water carrying system and is designed and constructed to facilitate the ultimate disposal of sewage at another site. Holding tanks include, but are not limited to, the followi (1)Chemical toilet - a toilet using chemicals that discharge to a holding tank. (2)Retention tank - a holding tank where sewage is conveyed to it by a water-carrying system. (3)Vault pit privy - a holding tank designed to receive sewage where water under pressure is not available. Improved property - any property within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall 18-23 Home Back Next  §18-34Township of Metal§18-38 discharged. Owner - any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township. Municipality - Metal Township, Franklin County, Pennsylvania. Person - any individual, partnership, company, association, corporatio other group or entity. Sewage - any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals an deleterious substance being harmful or inimical to the public he or aquatic life or to the use of water for domestic water supply or for recreation of any substance which constitutes pollution under the Clean Stream §691.11-691.1001. Township - the Township of Metal, Franklin County, Pennsylvania. (Ord. 2002-7, 10/3/2002) §18-35.Rights and Privileges Granted . The Board is hereby authorized and empowered to undertake within the Township the control and methods of holding tank use, sewage disposal and sewage collection and transportation thereof. (Ord. 2002-7, 10/3/2002) §18-36.Rules and Regulations . The Board is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to affect the purposes herein. (Ord. 2002-7, 10/3/2002) §18-37.Rules and Regulations to be in Conformity with Applicable Law . All such rules and regulations adopted by the Township shall be the provisions herein, the Code of the Township, and all applica rules and regulations of administrative agencies of the Commonwealth of Pennsylvania. (Ord. 2002-7, 10/3/2002) §18-38.Bond . The Board shall have the right and power to fix the amount and t other security to ensure compliance with the provisions of this Article, the rules and regulations and the rates, assessments and other charges adopted Article. Said bond or other security shall be furnished by the owner or owners of the property or properties using the holding tank and shall cover th holding tank is intended to be used and for such period of time thereafter as the Board shall deem necessary. (Ord. 2002-7, 10/3/2002) §18-39.Posting of Security . 18-24 Home Back Next  §18-39Sewers and Sewage Disposal§18-41 The applicant shall post with the Board a letter of credit or ot undertaking from a reputable financial institution or insurance carrier authorized to conduct such business in the Commonwealth of Pennsylvania or (at election) an amount in cash guaranteeing: A.That the applicant will install and maintain the holding tank in accordance with DEP and Township regulations as the same exist a application. B.That the applicant shall have holding tank pumped out at regular intervals and at times of malfunction or emergency and at such o be necessary to avoid overflow or other hazard and will remove the said effluent and deposit the same at and only at any authorized disposal facility, as approved by DEP. C.That, within 10 days after public sewage facilities are availa the owner will dismantle such holding tank and connect to the pu facility and pay all costs and fees therefore. The method of the dismantling shall be approved by the Township Engineer and shall be limited to, complete removal or the destruction and backfilli tank. D.Security shall be in an amount equal to 110% of the contract prices and (in absence of such contract prices) the estimated cost of all of the foregoing, plus an additional 10% of such costs and contracts for each year beyond the first year for the duration of the permit. E.The security agreement shall provide that the applicant may draw from the security so posted pump-out costs to and only to the extent provided in accordance with the terms of the contracts and estimates for and only for completed work. The maximum of any draw shall be limited to the proportion completed, materials furnished or work done. The security agreement shall provide that, in default by the permittee and during the period such default continues, the Board or its authorized representative may draw upon said security for necessary payments for expenses incurred on the Board's sole demand without the necessity of approval or concurrence by the landowner. The amount and adequacy of the security shall be determined by the applicant, subject to the ap Township Engineer, which approval shall not be unreasonably with (Ord. 2002-7, 10/3/2002) §18-40.Rates and Charges . The Board shall have the right and power to charge and collect rates, assessments, and other charges in the area served by holding tanks at reasonable and uniform rates as authorized by applicable law. (Ord. 2002-7, 10/3/2002) §18-41.Duties of Improved Property Owner . The owner of an improved property that utilizes a holding tank shall: A.Maintain the holding tank in conformance with this Article or this Township, the provisions of any applicable law, and the rul 18-25 Home Back Next  §18-41Township of Metal§18-43 of the Authority and any administrative agency of the Commonweal Pennsylvania. B.Permit the Board or its agents to inspect holding tanks on an C.Permit only the Board or its agents to collect, transport, and contents therein. (Ord. 2002-7, 10/3/2002) §18-42.Permit Required . No person shall install or utilize or cause to be installed or utilize any holding tank within the Township until and unless such person has obtained fr duly appointed representative a permit evidencing the posting of bond or other security as required herein and the compliance with all other conditions precedent to the installation and utilization of a holding tank as set forth here (Ord. 2002-7, 10/3/2002) §18-43.Permitted Uses; Application for Permit, with Fees; Daily Log; Inspection of Tanks; and other Requirements . 1.Holding tanks shall not be permitted or allowed as a means of effluent disposal for any new construction, except where the Township's official plan or revision provides for replacement by adequate sewerage services in accordance with a schedule approved by the Department of Environmental Protection. 2.Holding tanks will be allowed for temporary use only, and said temporary use of a holding tank shall not be permitted if a property owner is required to connect to the sewer system. If property owner's principal building is within 150 feet from the sewer system, he/she shall be required pursuant to@qshbkdHHHneBg`osdq07+dmshskdcnLds`k Snvmrgho&rL`mc`snqxRdvdqBnmmdbshnmone the Metal Township Code to connect to such system with 60 days after notice has been given to the property owner. 3.No holding tanks shall be placed into operation or utilized prior to the issuance of a holding tank permit by the Township Sewage Enforcement Officer. Pursuant to the rules and regulations of the Metal Township Municipal Authority, permits shall expire upon mandatory connection to the township sewer system. 4.All applications for a holding tank permit shall be in accorda applicable Metal Township Code, rules and regulations existing a Section and the Code, rules and regulations as hereinafter amended from time to time by the Township Supervisors. All applications for a holding tank permit shall contain or have attached thereto a fully executed, signed and notarized maintenance contract relating to the periodic pumping of said holding tank. 5.The Code, rules and regulations and the applicable statutes of wealth of Pennsylvania, together with the applicable rules and regulations of the Pennsylvania Department of Environmental Protection as existing at the time of the issuance of the permit and such other revisions to the applicabl and regulations as enacted or promulgated from and after the dat the permit, must be strictly adhered to and in conformity with said statutes, Code, rules and regulations as heretofore set forth. 6.Prior to the issuance of a holding tank permit by the Sewage Enforcement 18-26 Home Back Next  §18-43Sewers and Sewage Disposal§18-44 Officer of the Metal Township, all application fees and escrow fees as hereinafter provided shall be paid by the applicant to the Metal Township. 7.All owners of holding tank permits shall install, at the time that said holding tank permit is issued, a potable water meter connected to the water supply source servicing the property or premises for which the holding tank permit was issued. 8.All holding tank permittees shall be required to maintain a daily log setting forth the recorded information taken from the source of the water supply, which data or information shall reflect the pumping intervals, the gallons of water pumped and the gallons of water used. In addition, the application for a holdin likewise provide for and have affixed thereto the signature of the effluent hauler, together with the name, address and telephone number of said eff 9.The Sewage Enforcement Officer of Metal Township shall inspect said permitted holding tanks every 6 months from the date of issuance, and as a condition of the continued use of the holding tank the permittee must prod daily log, which log must, at the time of inspection, contain all current data as set forth hereinabove. 10.As set forth in the Metal Township Municipal Authority's rule tions, any holding tank and similarly devised methods of connect sewage system shall be abandoned, rendered inoperable, and pumped out by a certified hauler and contents disposed of properly and in accordance with applicable laws, and the tank must be removed or knocked down and/or backfilled with suitable material approved by the Authority within 30 days after connection. 11.Failure on the part of any holding tank permittee to comply w of this Article, the rules and regulations as may hereinafter be promulgated or currently in existence or failure to comply with the applicable statutes of the Commonwealth of Pennsylvania and the rules and regulations of th Environmental Protection relating to the use and maintenance of result in the immediate revocation of the holding tank permit and, upon written notice of the revocation of said holding tank permit, it shall thereafter be unlawful for the owner of said premises or property to thereafter utilize the same for any use whatsoever. (Ord. 2002-7, 10/3/2002) §18-44.Installation . Holding tanks may be installed if and only if: A.They meet the design standards. B.A permit has been issued therefore. C.All fees in connection with the permit have been paid. D.Adequate security, as mandated under §18-39 hereof has been posted. E.Adequate land has been set aside for alternate on-site disposa and such land is shown on the site development plans submitted f tank. (Ord. 2002-7, 10/3/2002) 18-27 Home Back Next  §18-45Township of Metal§18-48 §18-45.Application Procedures . Any person desiring to own, construct, operate or maintain a holding tank on lands within Metal Township, shall file an application, signed by the applicant permittee, therefore on a form supplied by or satisfactory to the Board, together with all plans and other materials necessary to demonstrate compliance with all of the requirements of this Article. The application shall have attached thereto a sign maintenance contract, which maintenance contract sets forth the schedule of pumping dates. The Board shall establish by resolution, and may from time to time by resolution amend, a schedule of fees for the application for such holding t tion of this Article. (Ord. 2002-7, 10/3/2002) §18-46.Fees . At the time an application is made for a holding tank permit, th pay to the Metal Township an application fee, as set from time to time by resolution of the Board, and shall also deposit a sum, as set forth from time to time by resolution of the Board, with the Metal Township as and for an escrow find to be utilized for the purpose of assuring compliance with the Pennsylvania Sewage Faci 750.1 et seq., the rules and regulations promulgated by the Department of En tal Protection and in compliance with the Metal Township Code, r as promulgated by the Metal Township. Said escrow fund shall be Township to defray any expenses that it may incur as a result of any violations, terms and conditions relating to the issuance of the holding tank permit. Said escrow fund shall be held in an interest-bearing account, and all accrued interest shall be paid to the individual depositing the escrow fund. At the termination of the period for which the permit was issued, the fund, or any remaining balance not used for the purpose as herein set forth, shall be returned to the individual depositing the fund at the time the application is filed. (Ord. 2002-7, 10/3/2002) §18-47.Pumping Receipts/Inspections . 1.The Board shall receive, review and retain pumping receipts from permitted holding tanks. 2.The Board shall complete and retain annual inspection reports permitted tank. (Ord. 2002-7, 10/3/2002) §18-48.Violations and Penalties . Any person who violates any provisions of this Article shall, up by summary proceedings brought before a District Justice under t Rules of Criminal Procedure, be guilty of a summary offense, and payment of a fine not to exceed $1,000, plus the costs of prosecution and upon default of payment thereof, the defendant may be sentenced to imprisonme prison to the extent allowed by law for the punishment of summary offenses pursuant to the Second Class Township Code, Act No. 172 of 1996, 53 P.S.§ (Ord. 2002-7, 10/3/2002) 18-28 Home Back Next  §18-49Sewers and Sewage Disposal§18-50 §18-49.Abatement of Nuisances . In addition to any other remedies provided in this Article, any Article shall constitute a nuisance and shall be abated by the M by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction and the Board is specifically said equitable or legal relief to seek injunctions against the use of the holding tank and the property and buildings serviced thereby until the nuisance shall be abated and compliance had with the provisions of this Article. (Ord. 2002-7, 10/3/2002) §18-50.Savings Clause . In all other respects, the Code of the Metal Township shall rema enacted and ordained. (Ord. 2002-7, 10/3/2002) 18-29 Home Back Next 18-30 Home Back Next  §18-51Sewers and Sewage Disposal§18-54 Article VII Privies §18-51.Purpose . The purpose of this Article is to establish procedures for the u of existing and new privies designed to receive and retain sewage whether from residential or commercial uses and it is hereby declared that the enactment of this Article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Municipality. (Ord. 2002-8, 10/3/2002) §18-52.Definitions . Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Article shall be as follows: Authority - Metal Township Municipal Authority of Metal Township, Frankli County, Pennsylvania. Improved property - any property within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall discharged. Municipality - Metal Township, Franklin County, Pennsylvania. Owner - any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township. Person - any individual, partnership, company, association, corporatio other group or entity. Privy - a watertight receptacle, whether permanent or temporary, which receives and retains sewage where water under pressure or piped waste water is not available and is designed and constructed to facilitate the ultimate disposal of sewage at another site. Sewage - a combination of water carried wastes from residences, commer establishments, industrial facilities, and institutions. (Ord. 2002-8, 10/3/2002) §18-53.Right and Privileges Granted . The Authority is hereby authorized and empowered to undertake within the Township the control and methods of privy use, sewage disposal and sewage collection and transportation thereof. (Ord. 2002-8, 10/3/2002) §18-54.Rules and Regulations . The Authority is hereby authorized and empowered to adopt such rules and regulations concerning sewage, which it may deem necessary from time to time to affect 18-31 Home Back Next  §18-54Township of Metal§18-58 the purposes herein. (Ord. 2002-8, 10/3/2002) §18-55.Rules and Regulations to be in Conformity with Applicable Law . All such rules and regulations adopted by the Authority shall be the provisions herein, the Code of the Township, and all applica rules and regulations of administrative agencies of the Commonwealth of Pennsylvania. (Ord. 2002-8, 10/3/2002) §18-56.Rates and Charges . The Authority shall have the right and power to charge and colle assessments, and other charges in the area served by its facilit uniform rates as authorized by applicable law. (Ord. 2002-8, 10/3/2002) §18-57.Condition of Privy Use . 1.At such time that the property owner connects to the Authority's wastewater treatment system, the property owner must remove the privy or abandon and render it inoperable following the applicable rules and regulations of 2.The property owner must show that site and soil suitability testing of the lot has been conducted by the Sewage Enforcement Officer and that the site meets the Title 25, Chapter 73 (Standards for Sewage Disposal Facilities) requirements for the ultimate sewage disposal by an approved on-lot system if water under pressure or piped waste water becomes available to the lot. 3.At such time that water under pressure becomes available, the property owner must remove the privy and replace the privy with an approved on-lot system. 4.The conditions of use described in subsection .2 above do not apply: A.To a privy to be used on an isolated lot which is 1 acre or la nor will not be served by water under pressure in the future. B.To temporary use of portable retention tanks where their use i at construction sites or at the site of public gatherings and en 5.Specific conditions for use of privies shall be incorporated in the permit application and permit for the proposed use of a privy. 6.The Authority is provided the opportunity to inspect the privy operation, maintenance and content disposal. (Ord. 2002-8, 10/3/2002) §18-58.Location and Construction . Location 1.. A.The privy shall be located so as to minimize any danger of contamination of water supplies. Where possible, the privy shall be downgrade from any source of water supply. B.The structure shall be accessible to the user, and at least 50 18-32 Home Back Next  §18-58Sewers and Sewage Disposal§18-58 from any building served. C.Consideration shall be given to the discretion of prevailing winds to reduce odor nuisances. Construction 2.. A.The superstructure shall be constructed of substantial materials. B.The vault shall be large enough to provide for several years u constructed to meet the specifications of §73.31(b) (relating to standards for septic tanks). (1)Tanks shall be water-tight and constructed of sound and durab material not subject to excessive corrosion or decay. (a)Precast concrete tanks shall have a minimum wall thickness of 2½ inches and be adequately reinforced. (b)Precast slabs used as covers shall have a thickness of at lea inches and be adequately reinforced. (c)Tanks having a liquid capacity of 5,000 gallons or less may n constructed of blocks, bricks or similar masonry construction. (d)Steel tanks shall meet United States Department of Commerce Standards 177-62. (2)The depth of liquid in any tank or its compartments shall be: (a)Not less than 2½ nor more than 5 feet for tanks having a liqu capacity of 600 gallons or less. (b)Not less than 3 feet nor more than 7 feet for tanks having a capacity of more than 600 gallons. (3)No tank or compartment may have an inside horizontal dimensio than 36 inches. (4)Septic tank installations shall consist of tanks with multipl compartments or multiple tanks. The first compartment or tank shall have at least the same capacity as the second but may not exceed twice t the second. Tanks or compartments shall be connected in series and may not exceed four in number in any one installation. C.The vault shall be equipped with a roof-ventilating stack that is screened to prevent entrance of flies. D.An exterior cleanout shall be provided for the vault. E.The superstructure shall be fly-tight, well ventilated and fastened solidly to the vault. F.The door shall be self-closing and provided with weatherstripping to make it insect proof. G.The seat and cover shall be constructed of smooth and easily c material, and the cover shall be self-closing. H.An earth mound shall be placed around the privy, or a surface diversion shall be constructed to keep surface water from flooding the vault. (Ord. 2002-8, 10/3/2002) 18-33 Home Back Next  §18-59Township of Metal§18-63 §18-59.Exclusiveness of Rights and Privileges . The collection and transportation from any improved property utilizing a privy shall be done solely by or under the direction and control of th disposal thereof shall be made only at such sites as may be appr of Environmental Protection or the Commonwealth of Pennsylvania. (Ord. 2002-8, 10/3/2002) §18-60.Duties of Improved Property Owner . The owner of an improved property that utilizes a privy shall: A.Maintain the privy in conformance with this Article and the Code of this Township, the provisions of any applicable law, and the rules an Authority and any administrative agency of the Commonwealth of Pennsylvania. B.Permit only the Authority or its agent to collect, transport, the contents therein. C.Abandon the privy consistent with applicable public health and mental standards and obtain a permit for and install an approved on-lot system meeting Chapter 73 standards in the event that water under pressure or piped waste water becomes available to the property. D.Abandon the privy if the Municipality and/or Authority determi such abandonment is necessary according to rules and regulations E.Permit the Authority to enter upon lands to inspect the privy operation, maintenance and contents disposal. (Ord. 2002-8, 10/3/2002) §18-61.Violations and Penalties . Any person who violates any provisions of this Article shall, up by summary proceedings brought before a District Justice under t Rules of Criminal Procedure, be guilty of a summary offense, and payment of a fine not to exceed $1,000, plus the costs of prosecution and upon default of payment thereof, the defendant may be sentenced to imprisonme prison to the extent allowed by law for the punishment of summary offenses pursuant to the Second Class Township Code, Act No. 172 of 1996, 53 P.S. (Ord. 2002-8, 10/3/2002) §18-62.Abatement of Nuisances . In addition to any other remedies provided in this Article, any violation of §9 above shall constitute a nuisance and shall be abated by the Municipal either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction. (Ord. 2002-8, 10/3/2002) §18-63.Savings Clause . In all other respects, the Code of the Metal Township shall rema enacted and ordained. 18-34 Home Back Next  §18-63Sewers and Sewage Disposal§18-63 (Ord. 2002-8, 10/3/2002) 18-35 Home Back Next 18-36 Home Back Next