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HomeMy WebLinkAboutSouthhampton Township Township Sewage Ordinance CHAPTER 21 SEWERS AND SEWAGE DISPOSAL PART 1 SEWER CONNECTIONS §21-101.Definitions §21-102.Use of Public Sewer Required §21-103.Building Sewers and Connections §21-104.Rules and Regulations Governing Building Sewers and Conn Sewers §21-105.Enforcement §21-106.Declaration of Purpose PART 2 HOLDING TANKS AND PRIVIES §21-201.Purpose §21-202.Definitions §21-203.Right and Privileges Granted §21-204.Rules and Regulations §21-205.Rules and Regulations to be in Conformance With Applicable Law §21-206.Rates and Charges §21-207.Conditions for Holding Tank and Privy Use §21-208.Exclusiveness of Rights and Privileges §21-209.Duties of Improved Property Owner - Privies §21-210.Duties of Improved Property Owner - Holding Tanks §21-211.Violations §21-212.Abatement of Nuisances PART 3 ON-LOT SUBSURFACE SEWAGE DISPOSAL FACILITIES A.OLDS Management Program §21-301.Short Title §21-302.Introduction §21-303.Purpose §21-304.Terms and Definitions §21-305.Applicability §21-306.Sewage Permit Requirements §21-307.Ground Markers Supp. II; revised 3/19/200721-1 HomeBackNext §21-308.Replacement Areas §21-309.Operation §21-310.Maintenance §21-311.System Rehabilitation §21-312.Liens §21-313.Disposal of Septage §21-314.Administration §21-315.Appeals §21-316.Penalties B.Pre-emption of 10-Acre Exemption §21-321.Short Title §21-322.Statutory Basis §21-323.Purpose §21-324.Permit Requirement §21-325.Enforcement 21-2Supp. II; revised 3/19/2007 HomeBackNext HomeBackNext HomeBackNext HomeBackNext HomeBackNext HomeBackNext HomeBackNext HomeBackNext HomeBackNext HomeBackNext HomeBackNext §21-301Southampton Township§21-304 PART 3 ON-LOT SUBSURFACE SEWAGE DISPOSAL FACILITIES A.OLDS Management Program §21-301.Short Title. This Part may be cited as the OLDS (On-Lot Disposal System) Mana Program for Southampton Township. (, Ï/Ï/2003, £1) Ord. 2003-02 §21-302.Introduction. As mandated by the municipal codes, the Clean Streams Law (35 P. 691.1001), and the Pennsylvania Sewage Facilities Act (Act of Ja 1535 as amended, 35 P.S. §750.1 ., known as Act 537), municipalities have the etseq power and the duty to provide for adequate sewage treatment facilities and for the protection of the public health by preventing the discharge of untreated or inade- quately treated sewage. The Official Sewage Facilities Plan for Southampton Township indicates that it is necessary to formulate and implement a sewa program to effectively prevent and abate water pollution and hazards to the public health caused by improper treatment and disposal of sewage. (, Ï/Ï/2003, £2) Ord. 2003-02 §21-303.Purpose. The purpose of this Part is to provide for the inspection, maintenance and rehabilitation of on-lot sewage disposal systems; 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. (, Ï/Ï/2003, £3) Ord. 2003-02 §21-304.Terms and Definitions. 1.. In the interpretation of this Part, the singular shall include General Terms plural, and the masculine shall include the feminine and the neu 2.. For the purposes of this Part, the terms used shall be constru Specific Terms to have the following meanings: - the Pennsylvania Sewage Facilities Act, Act of January 24, 19 Act 1535, No. 537, as amended, 35 P.S. §750.1 . etseq - a system for the disposal of domestic waste-waters not Alternative System operating below ground level but located on or near the site of buildings being served (e.g., composting toilets, gray water rec incinerating toilets, spray irrigation and black water recycling Supp. II; revised 3/19/200721-13 HomeBackNext §21-304Sewers and Sewage Disposal§21-304 - a licensed sewage enforcement officer, professional Authorized Agent engineer or sanitarian, plumbing inspector, soils scientist, or any other qualified or licensed person who is delegated to function within the specified limits as the agent of the Board of Supervisors of Southampton Township to car provisions of this Part. - the Board of Supervisors of the Township of Southampton, Fran Board County, Pennsylvania. (hereinafter called CEO) - an individual employed Codes Enforcement Officer by the Township to administer and enforce this and other ordinances in the Township. - any system, whether publicly or privately owned, Community Sewage System for the collection of sewage publicly, or industrial wastes of a liquid nature from two or more lots or uses, or two or more equivalent dwelling uni treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site and which shall comply with all applicable regulations of the DEP. - the Department of Environmental Protection of the Commonwealt DEP Pennsylvania or any successor agency. - any person, partnership or corporation which erects or contra Developer to erect a building on property owned by it with the intent to s some other party upon its full or partial completion, or upon th property on which the building is to be built. - for the purpose of determining the number of Equivalent Dwelling Unit (EDU) lots in a subdivision or land development, that part of a multiple family dwelling, commercial, industrial, or institutional establishment with sewage flows equal to 400 gallons per day. - any property within the Township upon which there is Improved Property erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be discharged. - any system of piping, tanks, or other facilities Individual Sewage System serving a single lot and collecting and disposing of sewage in whole or in part into the soil or any waters of the Commonwealth of Pennsylvania or by conveyance to another site for final disposal. - a land development as defined in the Pennsylvania Land Development Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No 53 P.S. §10101 . etseq - a designated parcel, tract, or area of land established by a Lot otherwise as permitted by law and to be used, developed or built - the condition that occurs when an on-lot sewage disposal syst Malfunction causes pollution to the ground or surface waters, contamination drinking water supplies, nuisance problems or hazard to public health. Indications of malfunctioning systems include, but are not limited to, foul odors, lush grass growing over the system, backup of wastewater in the attached buildings, soggy 21-14Supp. II; revised 3/19/2007 HomeBackNext §21-304Southampton Township§21-304 ground over the system, surfacing sewage effluent flowing over the ground and occurring at any time of the year. - the management program shall encompass the entire Management Program area of Letterkenny Township serviced by sewage facilities or any other alternative system which discharges into the soils of the Township. All syst operated under the jurisdiction of the Southampton Township Board of Supervisors regulating the subsurface disposal and/or alternate systems, and other applicable laws of the Commonwealth of Pennsylvania. - a comprehensive plan for the provision of adequate sewage Official Plan disposal systems adopted by the Township and approved by the DEP dance with the Act and with applicable DEP regulations. - any sewage system disposing of sewage in On-Lot Sewage Disposal System whole or in part into the soil or any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal, an upon the lot which it serves. - any person, corporation, partnership, etc., holding deed/title to lands Owner within Southampton Township. - any individual, association, partnership, public or private corporation Person whether for profit or not-for-profit, trust, estate, or other legally recognized entity. Whenever the term "person" is used in connection with any clause providing for the imposition of a fine or penalty or the ordering of action to comply with the terms of this Part, the term "person" shall include the members partnership or firm and the officers of any public or private corporation, whether for profit or not-for-profit. - a revision to, or exception to the Planning Module for Land Development revision of, the Township Official Plan submitted in connection with the request for approval of a subdivision or land development in accordance with DEP regulations. - any person, company, partnership or corporation which Pumper/Hauler engages in cleaning community or individual sewage systems and transports the septage cleaned from these systems. - form which shall be used by all licensed pumper/hau- Pumpers Report/Receipt lers to report each pumping of on-lot sewage disposal systems in the Township. - work done to modify, alter, repair, enlarge or replace an Rehabilitation existing on-lot sewage disposal system. - an area designated as the future location of an individual Replacement Area on-lot sewage system that shall be installed should the initial individual on-lot system installed or to be installed fail or otherwise become inoperable and which shall meet all the regulations of the DEP and all applicable Township ordinances for an individual on-lot sewage system, and shall be protected from encroachment by an easement recorded on the final plan as filed with the Fran Recorder of Deeds. - the residual scum and sludge pumped from septic systems. Septage Supp. II; revised 3/19/200721-15 HomeBackNext §21-304Sewers and Sewage Disposal§21-306 - any substance that contains any of the waste products or excr Sewage or other discharge from the bodies of human beings or any noxious or deleterious substance being harmful or inimical to the public health, or to animal or aquatic life or to the use of water for domestic water supply or for recreati (hereinafter called SEO) - a person appointed by Sewage Enforcement Officer the Board to administer the provisions of this Part and authoriz accordance with Chapter 71, ÑAdministration of Sewage Facilities 25, ÑRules and Regulations,Ò to perform percolation tests, site and soil evaluation, and issue sewage permits for on-lot disposal systems. - any method of sewage collection, conveyance, treatment, Sewage Facilities and disposal which will prevent the discharge of untreated or inadequately treated sewage into the waters of this Commonwealth or otherwise provide and sanitary treatment of sewage. - the ownership of a lot by one or more Single and Separate Ownership persons, which ownership is separate and distinct from that of any abutting or adjoining lot. - a subdivision as defined by the Pennsylvania Municipalities Subdivision Planning Code, Act of July 31,1968, P.L. 805, No. 247, as amende . etseq - Southampton Township, Franklin County, Pennsylvania. Township All other definitions of words and terms used in this Part shall meaning as set forth in Chapter 73, ÑStandards for Sewage Disposal Facilities,Ò of Title 25, ÑRules and Regulations; Department of Environmental Protecti (, Ï/Ï/2003, £4) Ord. 2003-02 §21-305.Applicability. From the effective date of this Part, its provisions shall apply to all persons owning any property in the Township serviced by an on-lot sewage disposal system and to all persons installing or rehabilitating on-lot sewage disposal systems. (, Ï/Ï/2003, £5) Ord. 2003-02 §21-306.Sewage Permit Requirements. 1.No person shall install, construct or request bid proposals fo alter an individual sewage system or community sewage system 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 of such system are in compliance with the provisions of the Penn Facilities Act (hereinafter called "Act 537" or "Act") and the standards adopted pursuant to that Act. 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 municipal SEO. If 72 hours have elapsed, excepting Sundays and Holidays, since the SEO issuing the permit received notification of completion of construction, 21-16Supp. I; added 5/13/2003 HomeBackNext HomeBackNext HomeBackNext §21-308Southampton Township§21-310 desires to construct such improvements shall demonstrate to the satisfaction of the SEO that an alternate replacement area which complies with all applicable regulations of the DEP, this Part and all other applicable Towns exists upon the lot. If such an alternate replacement area shall be identified, the alternate replacement area may be considered to be the replacement area required by this Part and shall be designated as the replacement area. The newly designated replacement area shall thereafter be considered the replacement area for the purposes of this Part. 4.. Relief from Replacement Area Requirement A.If any lot held in single and separate ownership as of the eff this Part does not contain land suitable for a replacement area, the applicant submitting a land development plan or a planning module for land development or desiring to install an individual on-lot sewage system may request that the Board grant an exception to the requirement of providing a replacement area. The applicant for such an exception shall present credible evidence to the Board demonstrating (a) that the lot was held in single and separate o effective date of this Part; (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 exception from the terms of this Part. In no case shall any lot be exempted from the requirements of §21-304 of this Part. (, Ï/Ï/2003, £8) Ord. 2003-02 §21-309.Operation. 1.Only normal domestic wastes shall be discharged into any on-lo disposal system. The following shall not be discharged into the A.Industrial waste. B.Automobile oil and other non-domestic oil. C.Toxic or hazardous substances or chemicals, including but not limited to, pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and other solvents. D.Clean surface or ground water, including water from roof or cellar drains, springs, basement sump pumps and French drains. (, Ï/Ï/2003, £9) Ord. 2003-02 §21-310.Maintenance. 1.Any person owning a building served by an on-lot sewage disposal system shall have the septic tank pumped by a pumper/hauler within 3 years following the effective date of this Part. Thereafter that person shall have the tank pumped at least once every 3 years. Receipts from the pumper/hauler shall be submitted to t required in subsection .6 Supp. I; added 5/13/200321-19 HomeBackNext §21-310Sewers and Sewage Disposal§21-310 2.Any person providing a receipt or other written evidence showing that their tank has been pumped within 3 years of the first year anniversary of the effective date of this Part, then the Township may delay that person's initial required pumping to conform to the general 3-year frequency requirement. 3.[Reserved]. [] Ord. 2009-03 4.The required pumping frequency may be increased at the discretion of the authorized agent if the septic tank is undersized, if solids buildup in the tank is above average, if the hydraulic load on the system increases significantly above average, if a garbage grinder is used in the building, if the system malfunctions or for other good cause shown. 5.Each time a septic tank or other subsurface waste disposal system tank is pumped out, the Township, its authorized agent, or a private septage pumper/hauler, whichever provides the service, shall provide to the owner of th disposal system a signed pumpers report/receipt containing at a following information: A.Date of pumping. B.Name and address of system owner. C.Address of tank's location, if different from owner's. D.Description and diagram of the location of the tank, including of any markers, risers, and access hatches and size of the tank. E.The date existing system was installed. F.Last date of pump out. G.List of other maintenance performed. H.Any indications of system malfunction observed. I.Amount of septage or other solid or semi-solid material remove J.List of recommendations. K.Destination of the septage (name of the treatment facility). 6.Upon completion of each required pumping, the Township, its authorized agent, or a private septage waste hauler, shall fill out and submit a pumper re- port/receipt, copies of which shall be provided by the Township to all licensed pumpers/haulers. The Township's authorized agent, or a private septage pumper/haul- er shall provide one copy of the pumpers report/receipt to the o the Township. Copies must be received at the Township's business days of the date of pumping. The pumpers report/receipt will include verification that the baffles in the septic tank have been inspected and found to order. 7.Any person owning a building served by an alternative system or on-lot sewage disposal system that contains an aerobic treatment tank shall follow the operation and maintenance recommendations of the equipment manufacturer. A copy of the manufacturer's recommendations and a copy of the service agreeme submitted to the Township within 6 months of the effective date of this Part. Thereafter, service receipts shall be submitted to the Township at the inter manufacturer's recommendations. In no case may the service or pumping intervals 21-20Supp. III; revised 2/9/2010 HomeBackNext §21-310Southampton Township§21-311 exceed those for those required for septic tanks. 8.Any person owning a building served by a cesspool or dry well system pumped according to the schedule prescribed for septic ta .1. 9.The Township may require additional maintenance activity as needed including, but not necessarily limited to, cleaning and unclogging of piping, servicing and the repair of mechanical equipment, leveling of distribution boxes, tanks and lines, removal of obstructing roots or trees, the diversion of surface disposal area, etc. Repair permits issued by the certified SEO must be secured for these activities. (, Ï/Ï/2003, £10; as amended by , 11/10/2009) Ord. 2003-02Ord. 2009-03 §21-311.System Rehabilitation. 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 un discharge has been obtained from the DEP. 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. 3.Within 7 days of notification by the Township that a malfuncti identified, the owner shall make application to the Township's certified SEO for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the Township, construction of the permitted repair or replacement shall commence. Within 60 days of the original notification by the Township, the construc- tion shall be completed unless seasonal or unique conditions man in which case the Township shall set an extended completion date 4.The Township's certified SEO shall have the authority to require the repair of Supp. III; revised 2/9/201021-21 HomeBackNext §21-311Sewers and Sewage Disposal§21-313 any malfunction by the following methods: cleaning, repair or replacement of components of the existing system, adding capacity or otherwise altering or replacing the system's treatment tank, expanding the existing disposal area, replacing the existing disposal area, replacing a gravity distribution system with a pressurized system, replacing the system with a holding tank, other alternatives as appropriate for the specific site. 5.In lieu of, or in combination with, the remedies described in subsection .4, 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 co and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served. The use of laundry facilities may be limited to one load per day or discontinued altogether, etc. 6.In the event that the rehabilitation measures in subsections .1 through .5 are not feasible or do not prove effective, the Township may require the permit to construct a holding tank in accordance with Township o receipt of said permit the owner shall complete construction of the system within 30 days. 7.Should none of the remedies described above prove totally effe 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 that it feels necessary. (, Ï/Ï/2003, £11) Ord. 2003-02 §21-312.Liens. The Township, upon written notice from the SEO that an imminent health hazard exists due to failure of a property owner to maintain, repair or replace an on-lot sewage disposal system as provided under the terms of this Part, shall have the authority to perform, or contract to have performed, the work required by the shall be charged for the work performed and, if necessary, a lie therefore in accordance with law. (, Ï/Ï/2003, £12) Ord. 2003-02 §21-313.Disposal of Septage. 1.All septage pumper/haulers operating within the Township shall with the Township and shall comply with all reporting requirements established by the Township. 2.All septage originating within the municipal sewage management district shall be disposed of at sites or facilities approved by the DEP. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farm lands. 3.Septage pumper/haulers operating within the Township shall operate in a 21-22Supp. I; added 5/13/2003 HomeBackNext HomeBackNext HomeBackNext HomeBackNext HomeBackNext HomeBackNext HomeBackNext