HomeMy WebLinkAboutMontgomery Township Sewer Ordinance F
MONTGOMERY TOWNSHIP
FRANKLIN COUNTY
PENNSYLVANIA
ON-LOT SEWAGE
SYSTEM MANAGEMENT
ORDINANCE
Prepared By:
Nassaux-Hemsley, Incorporated
56 North Second Street
Chambersburg, Pennsylvania 17201
Phone: [717] 263-4109
MARCH 2000
MONTGOMERY TOWNSHIP
FRANKLIN COUNTY . •
ON-LOT SEWAGE SYSTEM MANAGEMENT
ORDINANCE NO. 000-4
Table of ont nts
1.0 TITLE AND PURPOSE
2.0 DEFINITIONS
3.0 APPLICABILITY
4.0 SEWAGE PERMrTS REQUIREMENTS
5.0 GROUND MARKERS
6.0 REPLACEMENTS AREAS
7.0 INSPECTIONS
8.0 OPERATION
9.0 MAINTENANCE
10.0 SYSTEM REHABILITATION
11.0 LIENS
12.0 DISPOSAL OF SEPTAGE
13.0 ADMINISTRATION
14.0 APPEALS
15.0 PENALTIES
16.0 REPEALER
17.0 EFFECTIVE DATE
Montgomery Township
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MONTGOMERY TOWNSHIP, FRANKLIN COUNTY
ON-LOT SEWAGE SYSTEM MANAGEMENT •
ORDINANCE NO. 2,00 •
1.0 TITLE AND PURPOSE.
•
Pursuant to the protection of the waters and soils in Montgomery Township from
contamination by untreated sewage wastes, and to protect the health of all citizens of the
Township, the Board of Supervisors has adopted and will enforce this Ordinance within
those areas not served by public or central sewer systems. This Ordinance is intended to
create an On-Lot Sewage System Management District. The purpose of this Ordinance is
threefold:
1.1 To bring and keep Montgomery Township within the requirements of the Clean
Streams Law (Act of 1937, P.L. 1987, No. 394) and the Pennsylvania Sewage
Facilities Act (Act of 1965 P.L. 1535, No. 537, as amended, known as Act 537).
As mandated by the Second Class Township Code and these State laws, Townships
have the power and the duty to provide for adequate sewage treatment facilities and
for the protection of public health by preventing the discharge of untreated or
inadequately treated sewage.
1.2 To provide for inspection,pumping,maintenance and rehabilitation of private and
public on-lot sewage disposal systems when determined necessary by Montgomery
Township, or its authorized agent; to further permit the Township to intervene in
situations which are public nuisances or hazards to the public health; and to
establish penalties and appeal procedures necessary for the proper administration of
a sewage management program.
1.3 To guarantee provisions for environmentally sound disposal sites for treated and
untreated solids and scum from septic tanks: holding tank wastes: and treated
sewage sludge from wastewater treatment facilities.
2.0 DEFINITIONS.
The following definitions shall apply for the various terms throughout this Ordinance:
21 Absorption Area - A component of an individual or community sewage system;
where liquid from a treatment tank seeps into the soil: it consists of an aggregate-1.
filled area containing piping for the distribution of liquid and the soil or sand/soil"
combination located beneath the aggregate.
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2.2 Act-The Pennsylvania Sewage Facilities Act(35 P.S.§§ 750.1--750.20),
23 Authorized Agent-A Township employee,or consultant, designated to perform
a specific task for the Montgomery Township On-Lot Sewage System Management
District An authorized Agent designated to perform a certain duty,shall be familiar
with that duty and competent to perform the duty. Depending on the duty,he may
also need to be certified and/or licensed as a Sewage Enforcement Officer in the
Commonwealth of Pennsylvania.
2.4 Building Sewer - Piping carrying liquid wastes from a building to the treatment
tank or holding tank.
23 Clean Streams Law -The Clean Streams Law(35 P.S.§§ 691.1--691.1001).
2.6 Department-The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
2.7 Holding Tank - A tank, whether permanent or temporary, to which sewage is
conveyed by a water carrying system.
2.8 Individual Sewage System -A system of piping,tanks or other facilities serving
a single lot and collecting and disposing of sewage in whole or in part into the soil
or into waters of this Commonwealth or by means of conveyance to another site for
fmal disposal.
2.9 Limiting Zone-A soil horizon or condition in the soil profile or underlying strata
which includes one of the following:
(i) A seasonal high water table,whether perched or regional, determined by
direct observation of the water table or indicated by soil mottling.
(ii) A rock with open joints,fracture or solution channels,or masses of loose
rock fragments, including gravel, with insufficient fine soil to fill the '
voids between the fragments.
(iii) A rock formation, other stratum or soil condition which is so slowly
permeable that it effectively limits downward passage of effluent.
2.10 Local Agency- The Montgomery Township Board of Supervisors.
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2.11 Lot-A part of the subdivision or a parcel of land used as a building site or intended
to be used for building purposes,whether immediate or future,which should not be
further subdivided. Whenever a lot is used for a multiple family dwelling or for
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commercial, institutional or industrial purposes, the lot shall be deemed to have
been subdivided into an equivalent number of dwelling units as determined by
estimated sewage flows.
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2.12 Official Plan - A comprehensive plan for the provision of adequate sewage
facilities, adopted by the Montgomery Township Board of Supervisors possessing
authority or jurisdiction over the provisions of these facilities and submitted to,
approved by, the Department as provided by the Act, and this Ordinance.
2.13 Official Plan Revision -A change in the Township's Official Plan to provide for
additional or newly identified or existing sewage facilities needs,which may include
but not be limited to:
•
(i) Update Revision-A comprehensive revision to an existing Official Plan
required when the Department or Township determines the Official Plan
or its parts is inadequate for the existing or future sewage facilities needs
of a Township or its residents or landowners.
•
(ii) Revision for new land development - A revision to a Township's
Official Plan resulting from a proposed subdivision as defined in the Act.
(ii) Special Study-A study, survey, investigation, inquiry,research,report
or analysis which is directly related to an update revision. The studies
provide documentation or other support necessary to solve specific
problems identified in the update revision.
2.14 Person-An individual,association,public or private corporations for-profit or not
for-profit,partnership,firm,trust, estate,department board,bureau or agency of the
United States, Commonwealth, political subdivision, municipality, district,
authority,or another legal entity which is recognized by law as the subject of rights
and duties. The term includes the members of an association,partnership or firm
and the officers of a local agency or municipality,public or private corporation for-
profit or not-for-profit.
2.15 Privy - A tank designed to receive sewage where water under pressure is not
available.
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2.16 Rural Residence - A structure occupied or intended to be occupied b
than two (2) families on a tract of ten (10) acres or more. by not more
2.17 Sewage - A substance that contains the waste products or
discharge from the bodies of human beings or animals and noxious or deleterious •
substances being harmful or inimical to the public health, or the animal or aquatic
life, or to the use of water for domestic water supply or for recreation, or which
constitutes pollution under the Clean Stream Law.
2.18 Sewage Enforcement Officer(SEO)-The official of the local agency
permits, reviews permit applications and sewage facilities planning modules, and
conducts investigations and inspections necessary to implement the Act
regulations thereunder. and the
2.19 Sewage Facilities - A system of sewage collection, conveyance, treatment
disposal which will prevent the discharge of untreated or inadequately treated
sewage or other waste into waters of this Commonwealth or otherwise provide for
the safe and sanitary treatment and disposal of sewage or other waste.
(i) Individual Sewage System - A sewage facility, whether publicly or
privately owned, located on a single lot and serving one equivalent
dwelling unit and collecting, treating and disposing of sewage in whole
or in part into the soil or into waters of this Commonwealth or by means
of conveyance of retaining tank wastes to another site for final disposal.
(A) Individual On-Lot Sewage System •- An individual sewage
system which uses a system ofpiping, tanks or other facilities for
collecting, treating and disposing of sewage into a subsurface
absorption area or a retaining tank.
(B) Individual Sewerage System - An individual sewage system
which uses a method of sewage collection,conveyance,treatment,
and disposal other than renovation in a subsurface absorption area,
or retention in a retaining tank.
(ii) Community Sewage System - A sewage facility, whether publicly or
privately owned, for the collection of sewage from two or more lots, or
two or more equivalent dwelling units and the treatment or disposal, or
both, of the sewage on one or more of the lots or at another site.
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(A) Community On-Lot Sewage System - A co
system which uses a system of piping, mmunity sewage
collecting,treating,and disposing of sewage into a subscrf ce for
absorption area or retaining tank. surface soil
(B) Community Sewerage System - A community sewage system
which uses a method of sewage collection, conveyance, treatment
and disposal other than renovation in a subsurface absorption area,
or retention in a retaining tank.
2.20 Sewage Management District Program - A program authorized, by the official
actions of the Montgomery Township Board of
management and regulation of the disposal of sewage.
for the administration,
2.21 Soil Horizon - A layer of soil approximately parallel to the soil surface
chemical and physical characteristics of which are distinguishable by the
or other method of analysis, from the chemical and physical characteristics in
adjacent layers of soil.
2.22 Soil Profile- The collection of soil horizons, including the natural organic layers
on the surface.
2.23 Subdivision -The division or re-division of a lot, tract or other parcel of land
two or more lots, tracts, parcels or other division of land, including changes in
existing lot lines. The enumerating of lots shall include as a lot that portion of the
original tract remaining after other lots have been subdivided therefrom.
2.24 Township -Montgomery Township,Franklin County, Pennsylvania.
2.25 Undisturbed Soil - Soil or soil profile, unaltered by addition-filling, removal or
other man-induced changes other than agricultural activities for a minimum of four
(4)Years prior to testing.
2.26 Waters of This Commonwealth -Rivers, streams,creeks,rivulets,impoundment,
ditches, water courses, storm sewers, lakes, dammed water, ponds, springs, and
other bodies or channels of conveyance of surface and underground water, or of
their parts, whether natural or artificial, within or on the boundaries of this
Commonwealth_
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3.0 APPLICABILITY.
The provisions of this Ordinance shall apply to every person owning property serviced by
an on-lot sewage disposal system within Montgomery Township; all persons or businesses
servicing such systems (constructing on-lot systems,pumping out septic tanks, repairing
on-lot systems);wastewater treatment authorities and other generators of solid wastes that
may be land applied for agricultural utilization or land reclamation; and owners of land
application sites accepting sludge, septage, biosolids, or other solid wastes used in a
beneficial way.
4.0 SEWAGE PERMIT REQUIREMENTS.
4.1 No person shall install,construct, or request bid proposals for construction or alter
any individual sewage system or community sewage system or construct or request
bid proposals for construction or install or occupy any building or structure for
which an individual sewage system or community sewage system is to be installed
without first obtaining a permit indicating that the site and the plans and
specifications are in compliance with the provisions of the Pennsylvania Sewage
Facilities Act ("Act 537") and the standards adopted pursuant to that Act.
Application for permit shall be in writing to the local agency in accordance with the
provisions of Section 8 of "Act 537" and shall be made in such form and shall
include such data as the Department may prescribe. There=will'btNO°it x j�gti9 t
for Rur: 1'Residence.
4.2 No system or structure designed to provide individual or community sewage
disposal shall be covered from view until approval to cover the same has been given
by the Montgomery Township Sewage Enforcement Officer(SEO). If seventy-two
(72) hours have elapsed, except for Sundays and Holidays, since the SEO issuing
the permit received notification of completion of construction, the applicant may
cover said system or structure unless permission has been refused by the SEO.
4.3 Permits for individual sewage systems or community sewage systems shall not be
issued unless the proposed system is consistent with the adopted Official Plan.
4.4 Applicants for sewage permits shall notify the Township's SEO of the schedule for
construction of the permitted on-lot sewage disposal system so that inspection(s)in
addition to the final clearance required by Act 537 may be scheduled and performed
by the Township's SEO at the cost of the applicant.
4.5 No building or occupancy permit shall be issued by Montgomery Township or its
authorized agent for a new building which will contain sewage facilities until a valid
sewage permit has been obtained from the Township's SEO. This would include
any subdivision or development of ten(10)or more acres.
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4.6 No building or occupancy P y permit shall be issued and no work shall begin on any
alteration or conversion of any existing structure, if said alteration or conversion
will result in the increase or potential increase in sewage flows from the structure
until the structure's owner receives from the SEO either a permit for alternation or
replacement of the existing sewage disposal system or written notification that such
permit will not be required. in accordance with Chapter 73 regulations, the SEO
shall determine whether the proposed alternation or conversion of the structure will
result in increased sewage flows.
4.7 Sewage permits may be issued only by a certified SEO employed by the Township
for that express purpose.
4.8 If the owner of record has owned and subdivided or developed the lot prior to May
15, 1972, no sewage permit may be issued unless proof is provided that:
The official Act 537 Plan has previously addressed the lot in question or
a planning module for that lot has been approved by the Township and
the Department, as well as the Act 537 planning for that lot has been
approved by Montgomery Township.
4.9 No final plan approval on a subdivision or land development(according to the
Pennsylvania Township Municipalities Code Act of 1968 PL 805 No. 247 as
re-enacted and amended)may be given until Act 537 planning is approved by
the Township and the Department.
5.0 GROUND MARKERS.
Any person who shall install new or rehabilitated sewage systems shall provide a marker
or markers at ground level locating the septic tank,dosing tank,equalization(distribution)
box, absorption area and other important items which may be needed in case of future
maintenance, inspection or rehabilitation is required. Requirements for marker types and
locations will be determined by the sewage system designer and approved by the SEO.
Other requirements for sewage system construction, contained within Chapter 73 of the
Pennsylvania Code, shall be followed as well.
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6.0 REPLACEMENT AREAS.
6.1 Requirements
A. After the effective date of this Ordinance, a replacement area for an
individual on-lot sewage system shall be required for all lots to be created
which, are not serviced, or to be serviced,by a public or central sewerage
system or did not previously have a permit issued for installation of an on-
lot sewage disposal system. Lots existing prior to the effective date of this
Ordinance and on which a suitable replacement area cannot be sited because
of space limitations, shall be exempt from the requirements of this Section
provided that they meet the proof factors for relief in Section 6.4 below.
B. The replacement area provided shall comply with the regulations issued by
the Department as incorporated into this Part concerning individual on-lot
sewage systems, including isolation distances and soils testing for slope,
probe and percolation; and,with terms of this Part and any other applicable
Township Ordinances.
6.2 Identiflcatioji f Replacement Areas
A. Each applicant for an individual on-lot sewage system shall demonstrate to
the satisfaction of the SEO, that a suitable area exists on each lot to be
created for primary sewage system and for the Replacement Area.
Allowance of open land for the Replacement Area without testing performed
or observed by the SEO shall not constitute compliance with the
requirements of this Section. All testing itemized in Section 6.1 B is
required for replacement areas.
B. The location of the initial individual on-lot sewage system and the
Replacement Area as confirmed by the SEO shall be identified on the plans
and diagrams submitted as part of the permit application.
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C. If the application has been submitted as a part of an application for
subdivision, or land development approval or as part of a request that the
Township approve a Planning Module or amend its Official Plan, or a
request for an exemption to the revision of the Official Plan,the location of
each initial on-lot sewage system and each Replacement Area shall be noted
upon the plans stating that no improvements shall be constructed thereon
and the deed to be recorded for each lot created as part of the subdivision or
land development shall contain language reflecting this limitation.
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1). Any revisions to a permit or plan affecting a Replacement Area which has
been approved pursuant to the provisions of this Ordinance shall be
reviewed for approval by the Township and the SEC).
6.3 Construction Restrictions
A. The easement for the Replacement Area noted upon the Plan and recorded
with the County Recorder of Deeds shall state that.no permanent or •
• temporary improvements of any character, other than shallow-rooted plant
matter, shall be constructed on the Replacement Area.
B. The easement against construction in the Replacement Area shall be
enforced by the Township,by injunction or otherwise,unless the landowner
demonstrates that an alternate Replacement Area exists on the lot. A
revision to the original subdivision or land development plan shall be
submitted for review and approval by the Township, showing the alternate
Replacement Area. The approval of the Township of such revision shall act
• as a release of the easement as to the original Replacement Area, and an
encumbrance of the alternate Replacement Area.
6.4 Relief from Replacement Area$equirerents
A. If any lot held in single and separate ownership with an approved individual
on-lot sewage system, as of the effective date of this Ordinance, does not
contain land suitable for a Replacement Area,the applicant may request that
the Township grant an exception to the requirement of providing a
Replacement Area. The applicant for such an exemption shall present
credible evidence demonstrating proof that: (a)the lot was held in single and
separate ownership on the effective date of this Ordinance; (b)the size of the
lot;(c)inability of the applicant to acquire adjacent land or the unsuitability
of adjacent land which might be able to be acquired; and (d) the testing
conducted to determine that the lot is not suitable to provide a Replacement
Area.
B. At all times, the burden to present credible evidence and the burden of'
persuasion shall be upon the applicant for an exemption from the terms of'
this section.
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7.0 INSPECTIONS.
7.1 Any on-lot sewage system may be inspected by the Township's SEO at any
reasonable time as of the effective date of this Ordinance providing one or more of
the following: (a) sufficient evidence of a potential health or safety risk has been ''
obtained from a reliable informant; (b) a signed complaint has been submitted by
a resident of the Township; (c)if directed to do so by the Board of Supervisors; or
(d) if directed to do so by the Department.
7/ Inspections may include, but are not limited to, a physical tour of the premises
served by an on-lot system,taking samples from surface water,water wells,or other
groundwater sources, sampling the contents of the sewage system itself and
introducing traceable substances into the interior plumbing of the structure served
to ascertain the path and ultimate destination of the wastewater from the structure
served: Landowners and residents shall be deemed to have consented to such
inspections by their continued use of their existing on-lot sewage system after the '?
effective date of this Ordinance. Prior notice to both the landowner and resident
shall be attempted if reasonably possible. Notice to one(l) landowner and one(1)
adult resident,if multiple owners and residents exist,shall be sufficient notice as to
all.
Upon completion of an inspection, a report to the Supervisors shall be prepared and
copies provided to the landowner and resident. The report shall include as much of
the following information as is available at the time of its preparation:
A. Date of inspection; •
B. Name and address of system owner;
C. Description and diagram of system location, including location of access
hatches,risers and markers;
D. Size of tanks and absorption fields;
E. Current occupant's name and number of users;
F. Description of any system malfunctions observed;
G. Results of any soil and water tests performed; and
H. Remedial actions required to correct malfunctions.
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7.3 The Township's SEO shall have the right to enter upon land for the purposes of
inspection described above. In the event that access to inspect the property is
denied,or if no responsible resident/owner over the age of eighteen is present and
a serious health or safety risk is thought to exist,the following steps shall be taken:
A. The matter will be officially presented in writing to the Township
Supervisors.
B. The Township Supervisors may schedule a review at the next scheduled
meeting of the Montgomery Township Board of Supervisors or, if the
situation threatens the health and safety of the residents of the Township,the
Board of Supervisors may commence an immediate procedure to obtain a
search warrant from the District Justice.
C. Upon receipt of a search warrant to inspect the property, the authorized
agent of the Township shall be accompanied by the Township's SEO. An
inspection shall be completed in accordance with this Subsection.
7.4 A schedule of routine inspections may be established by the Township,if necessary,
to assure the proper functioning of the on-lot sewage systems in the Township.
7.5 The Township's SEO shall inspect systems known to be, or alleged to be,
malfunctioning. Should said inspection reveal that a system is malfunctioning, the
local agency shall take the actions required to correct the malfunction.
8.0 OPERATION.
Only normal domestic wastewater shall be discharged into any on-lot sewage system. The
following shall NOT be discharged into such system:
A. Industrial wastes.
•
• B. Automobile oil and other nondomestic oil.
C. Toxic or hazardous substances including but not limited to:pesticides,disinfectants,
acids,paints, thinners,herbicides, gasoline and other solvents.
D. Water including that from spouts, drains, springs and pumps.
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9.0 MAINTENANCE.
9.1 Any person owning a building served by an on-lot sewage disposal system shall
have the septic tank pumped by a licensed Septage Pumper/Hauler after the
effective date of this Ordinance based on the following schedule:
DISTRICT 1 - All properties laying EAST of the'boundary formed by the !'
centerlines of FINDLEY ROAD [T-332(A)] from the PETERS TOWNSHIP LINE
to the intersection with BUCHANAN TRAIL ROAD [SR 0016]; thence
approximately 800 feet WEST along BUCHANAN TRAIL ROAD [SR 0016]to its >;
intersection with MERCERSBURG ROAD [SR 0416]; thence SOUTH along
MERCERSBURG ROAD [SR 0416]to the intersection with the MASON DIXON
LINE. Within one [1] year of the effective date of this Ordinance.
DISTRICT 2 -All properties laying to the WEST of the boundary formed by the
centerlines of FORT LOUDON ROAD [SR 0075] from the MERCERSBURG
BOROUGH LINE to the intersection of TWO TOP ROAD [T-320); thence along
TWO TOP ROAD [T-320] to the intersection with HUNTER ROAD [T-311(A)]
thence, along HUNTER ROAD [T-311(A)] to the intersection with BLAIR
VALLEY.ROAD [T-310(a)]; thence along BLAIR VALLEY ROAD [T-310(A)]
to the intersection with the MASON DIXON LINE. Within two [2] years of the
effective date of this Ordinance.
DISTRICT 3 - All these properties not residing in either DISTRICT 1 or
DISTRICT 2. Within three 3
[ ] years of the effective date of this Ordinance.
Thereafter,that person shall have the tank pumped out in accordance with Section
9.2 of this Ordinance.
9.2 Removal of septage or other solids from treatment tanks shall be performed once
every 70 _. ,,::k '; or whenever an inspection reveals the treatment tanks are
filled with solids in excess of 1/3 of the liquid depth of the tank or filled with scum
in excess of 1/3 of the liquid depth of the tank. Any person providing a receipt or
other written evidence showing that their tank had been pumped 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 ,. a.° ° . ) years
frequency requirement.
9.3 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 •
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made at any time, and must be in writing,with all supporting documents attached.
The Township,in making its determination,shall taken 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 supporting documentation,
reports of inspection and maintenance of the system, and other relevant information
and may conduct an on-site inspection. The applicant shall bear the cost of an I
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.
9-4 The required pumping frequency may increase at the discretion of the Township for
any of the following reasons:
A. If the septic tank is undersized;
B. If solids buildup in the tank is above average;
C. If the hydraulic load on the system increases significantly above average;
D. If a garbage grinder is used in the building; or
E. If the system malfunctions or for other good cause shown(as determined by
the SEO and the Board of Supervisors).
9.5 Each time a septic tank or other subsurface waste disposal system tank is pumped,
the licensed Septage Pumper/Hauler,who provides the service, shall submit to the
owner of the on-lot sewage disposal system, and the Township, a signed Septage
Pumpers Report/Receipt containing at the minimum the following information:
A. Date of pumping.
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B. Name and address of system owner.
C. Address on-lot system, if different from owner's.
D. Description an diagram of the location of the tank, including the location of
any markers, risers, access hatches, and size of treatment tankc(s).
E. Condition of treatment tank baffles.
F. Date the system was installed(estimate if necessary).
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G. Date of last pump-out:
H. List of any other maintenance performed.
I. Any indications of systems malfunction observed.
J. Amount of septage or other semi-solid or solid material removed,
K. List of recommendations for repair or maintenance. ,
L. 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 Montgomery Township Secretary within thirty (30) days of the date of '
pumping.
9.6 Any person owing 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.
9.7 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.
9.8 Privately owned wastewater treatment facilities shall follow the terms of its NPDES
Permit and all specifications and maintenance requirements and recommendations
of the equipment manufactures.
9.9 The Township may require additional maintenance activity as needed including but
not necessarily limited to:
A. Cleaning and unclogging of piping;
B. Servicing and the repair of mechanical equipment;
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C. Leveling of distribution boxes, tanks, and lines;
D. Removal of obstructing roots or trees;
E. The diversion of surface water away from the disposal area; or
F. Other means acceptable to SEO.
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Repair permits issued by the SEO must be secured for the foregoing activities.
10.0 SYSTEM REHABILITATION.
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10.1 No person shall operate and maintain an on-lot sewage disposal system in such a •
manner that it malfunctions. All liquid wastes, including kitchen and laundry
wastes and water softener backwash, shall be discharged to a treatment tank. 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 Department and verified by the
Township.
10.2 The Township shall issue a written notice of violation to any person who is the
owner of a property in the Township which is found to be served by a
malfunctioning on-lot sewage disposal system or which is discharging raw or
partially treated sewage without a permit.
10.3 Within seven(7)days of notification by the Township that a malfunction has been
identified, the Owner shall make application to the SEO for a permit to repair or
replace the malfunctioning system. Within thirty (30) days upon receiving the
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.
10.4 The'SEO shall have the authority to require the repair of any malfunction by the
following methods:
A. Cleaning, repair or replacement of components of the existing system;
B. Adding capacity or otherwise altering or replacing the existing systems
treatment tank;
C. Expanding the existing disposal area;
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D. Replacing the existing disposal area;
E. Replacing a gravity distribution system with a pressurized system;
F. Replacing the system with a holding tank; and
G. Other alternatives as appropriate for the specific site or building.
10.5 In lieu of, or in combination with, the remedies described above, the SEO may
require the installation of water conservation equipment and the institution of water
conservation practices in structures served. Water using devices and appliances in
the structure may be required to be retrofitted with water saving appurtenances or
they may be required to be replaced by water conserving devices and.appliances_
Wastewater generation in the structure may also be reduced by requiring changes
in water usage patterns in the building being served.
10.6 In the event that the aforementioned rehabilitation measures are not feasible, or do
not prove effective remedial operation,the Township may require the Owner of the
on-lot sewage system to apply for a permit to construct a holding tank(s) in
accordance with the Township's Ordinance dealing with use of holding tanks.
Upon receipt of said permit, the Owner shall complete construction of the system
within thirty (30) days.
10.7 Should none of the remedies described previously prove to be totally effective in
eliminating the malfunction of an existing on-lot sewage disposal system,the Owner
is not absolved of responsibility for that malfunction. The Township may require
whatever action is necessary to lessen or mitigate the malfunction to the extent it
feels necessary.
11.0 LIENS.
The Township,upon written notice from the SEO that an imminent health hazard exists due
to failure to maintain, repair or replace an on-lot sewage system as provided under the
terms of this Ordinance, shall have the authority to perform or contract to have performed,
the work required by the SEO. The Owner of the on-lot sewage system shall be charged
for the work performed and, if necessary, a lien shall be entered against this property
therefore in accordance with law.
12.0 DISPOSAL OF SEPTAGE.
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12.1 A11 Septage Pumper/Haulers operating within the limits of Montgomery Township
shall be licensed with the Township and shall comply with reporting requirements
established by the Township. Prior to the issuance of a license by the Township,the
applicant shall submit written proof that the applicant has appropriate approval from
the Pennsylvania Department of Environmental Protection and the Maryland
Department of Environmental Protection to dispose of the septage.
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12.2 All septage originating within the Township shall be disposed of at sites or facilities
approved by the Pennsylvania Department of Environmental Protection or the
Maryland Department of Environmental Protection. Approved sites or facilities
shall include the following:
A. Septage treatment facilities;
B. Wastewater treatment plants;
C. Composting facilities; and
D. Approved land application sites for agricultural utilization and disturbed
land reclamation.
12.3 Septage Pumper/Haulers operating within Montgomery Township shall operate in
a manner consistent with the provisions of the Pennsylvania Solid Waste
Management Act (Act 97 of 1980.35 P.S.§§ 6018.01-6018.1003). If any
Pumper/Hauler shall have been convicted of any violation of this Ordinance
including the failure to submit the required pumping receipts,the local agency shall
have the power to suspend said Pumper/Hauler from operating within the Township.
13.0 ADMINISTRATION.
13.1 The Township shall fully utilize those powers it possesses through enabling statutes
and ordinances to effect the purpose of this Ordinance.
13.2 The Township shall employ qualified individuals to carry out the provisions of this
Ordinance in accordance with the regulations contained in Chapter 72 of the
Pennsylvania Code, Section 42. It may also contract with private qualified persons .
or fines as necessary to carry out the provisions of this Ordinance.
13.3 All permits, records, files and other written material relating to the installation,
operation and maintenance and malfunction of on-lot sewage systems shall become.>>.
the property of the local agency. Existing and future records shall be available for
'public inspection during required business hours at the Montgomery Township
Office. All records pertaining to sewage permits, building permits, occupancy
permits, and all other aspects of the Township's On-Lot Sewage. System
Management District Program shall be made available,upon request,for inspection
by a representative of the Department.
13.4 The Township shall establish all administrative procedures necessary to properly ,
carry out the provisions of this Ordinance.
13.5 The Township shall establish by resolution a fee schedule,and subsequently collect
fees,to cover the cost to the Township of administering this program.
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14.0 APPEALS.
• 14.1 Appeals from decisions of the Township or Its authorized agent, under this
Ordinance, shall be made to the Montgomery Township Board of Supervisors in
• writing within thirty(30)days from the date of the decision in question. All appeals
shall be in accordance with Chaptei 72, Sections 26, 27, and 28 of Title 25 of the
Pennsylvania Code, which deal with denial, expiration, transfer'dr revocation of
permits.
14.2 The appellant shall be entitled to a hearing before the Board of Supervisors at its
next regularly scheduled Board Meeting. If the appeal is received within fourteen •
(14)days of the next regularly scheduled meeting,the appeal shall be heard at the
subsequent meeting. The Township shall thereafter affirm,modify,or reverse the
aforesaid decision. The hearing may be postponed for 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.
14.3 A decision by the Board of Supervisors shall be rendered in writing within forty-
five(45)days of the date of the conclusion of the hearing. If decision is to approve,
any terms and conditions shall be specified. If decision is to deny,reasons shall be
provided therein. If a decision is not rendered within forty-five(45)days,the relief
sought by the appellant shall be deemed denied by default.
15.0 PENALTIES.
Any person failing to comply with any provisions of this Ordinance shall be subject to a
civil penalty of not less than five hundred dollars ($500),plus court costs and attorney's
fees,and not more than one thousand dollars($1,000),plus costs and attorney's fees. All
penalties collected for the violation of this Ordinance shall be paid over to the Township
Treasurer. Each day of noncompliance shall be considered a separate violation.
The remedies set forth herein are not exclusive,and the Township may elect to pursue such
other statutory or common law remedies as may be available to it, in addition to the '.
remedies available under the provisions of this Ordinance.
16.0 REPEALER
If any section or clause of this Ordinance shall be adjudged invalid,such adjudication shall
not affect the validity of the remaining provisions which shall be deemed severable
therefrom.
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17.0 EFFECTIVE DATE
This Ordinance shall become effective in accordance with the applicable law.
DULY ENACTI4 AND ORDA by the Board of Supervisors of Montgomery
Township this ay of , 200 0
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A TTEST: MONTGOMERY TOWNSHIP
Franklin County,Pennsylvania
, Chairman
Board of Supervisors
M1
(SEAL) , Vice Chairman
QC:J
,� -mber
Board of Supervisors
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Montgomery Township
Page 19 of 19 March 2006
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ORDINANCE NO. 2000 - 6
AN ORDINANCE FURTHER AMENDING THE MONTGOMERY TOWNSHIP
ON-LOT SEWAGE SYSTEM MANAGEMENT ORDINANCE
AS ENACTED ON JUNE 12, 2000
Be it ordained by the Township of Montgomery, and it is hereby ordained
by authority of the same, as follows:
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SECTION 1 : LEGISLATIVE FINDINGS. The Montgomery Township
Supervisors find it desirable and in the public interest to revise certain provisions
of its On-Lot Sewage System Management Ordinance. Accordingly, the
following amendment to the referenced On-Lot Sewage System Management
{ Ordinance is hereby adopted.
SECTION II: Section 6.D. Replacement Areas is hereby deleted in its
entirety.
J SECTION III: EFFECTIVE DATE. All provisions of the Amendment to thy;
; Montgomery Township On-Lot Sewage System Management Ordinance shall be
in force and effect after its enactment.
ENACTED AND ORDAINED as an Ordinance this 3day ofj10„t2,, ,
200A, by the Supervisors of Montgomery Township, Franklin County,
1 Pennsylvania.
ATTEST:
M ca I4D 6-a
j Dean E. Metcalfe, Sr. • William T. Coble, Chairman
Secretary/Treasurer
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'' Ronald L. Hissong, Vice Chairman
BOARD OF SUPERVISORS
OF MONTGOMERY TOWNSHIP
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