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HomeMy WebLinkAboutSt Thomas Sewage Ordinance Chapter 63 y3 SEWERS °as a O. Sewer Use ARTICLE I Definitions § 63-1. Definitions of terms. ARTICLE II Use of Public Sewers Required § 63-2. Connections to available sewers required; limitations. § 63-3. Discharges into sewers. § 63-4. Prohibited discharges. § 63-5. Privy vaults to be cleaned and filled. § 63-6. Connection of privy vault to sewer prohibited. § 63-7. Notice to make sewer connection. ARTICLE III Building Sewers and Connections § 63-8. Permit required for connection. § 63-9. Application for permit. § 63-10. Conditions for connection. § 63-11. Separate connection for each property. § 63-12. Costs to be borne by property owner. § 63-13. Place of connection. 63:1 07-01 -2010 SAINT THOMAS CODE § 63-14. Failure to make connection. ARTICLE W Rules and Regulations Governing Building Sewers and Connections § 63-15. Reconnection of house sewer to building sewer. § 63-16. Inspection of building sewer before covering. § 63-17. Sanitary maintenance of building sewer, grease trap and separator. § 63-18. Guarding of excavations. § 63-19. Failure to remedy unsatisfactory condition. § 63-20. Damage,removal,modification or alteration to sewer system property. § 63-21. Additional rules authorized. ARTICLE V Enforcement § 63-22. Violations and penalties. § 63-23. Recovery of fines and costs. ARTICLE VI Purpose § 63-24. Declaration of purpose. 63:2 07-01 -2010 SEWERS Part 2 Fees ARTICLE VII Schedule of Fees § 63-25. Schedule of Fees. Part 3 Sewage Collection and Treatment;Holding Tanks ARTICLE VIII Regulations § 63-26. Purpose. § 63-27. Definitions. § 63-28. Rights and privileges granted. § 63-29. Rules and regulations. § 63-30. Rules and regulations to conform to applicable law. § 63-31. Rates and charges. § 63-32. Exclusiveness of rights and privileges. § 63-33. Duties of owners of improved property. § 63-34. Violations and penalties. § 63-35. Abatement of nuisances. 63:3 07-01 -2010 SAINT THOMAS CODE Part 4 Sewage Management ARTICLE IX On-lot Sewage Disposal Facilities § 63-36. Title;introduction; purpose. § 63-37. Definitions. § 63-38. Applicability. § 63-39. Permit requirements. § 63-40. Replacement areas. § 63-41. Inspections. § 63-42. Prohibited discharges. § 63-43. Maintenance. § 63-44. Malfunctioning systems; rehabilitation. § 63-45. Liens. § 63-46. Disposal of septage. § 63-47. Administration. § 63-48. Appeals. § 63-49. Violations and penalties. Part 5 Privies ARTICLE X Regulations § 63-50. Purpose. § 63-51. Definitions. § 63-52. Right and privileges granted. 63:4 07-01 -2010 SEWERS § 63-53. Approval required. § 63-54. Permit required. § 63-55. Application for permit. § 63-56. Authorization to adopt rules and regulations. § 63-57. Rules and regulations to conform with applicable law. § 63-58. Rates and charges. § 63-59. Conditions applicable to permit. § 63-60. Duties of improved property owner. § 63-61. Violations and penalties. § 63-62. Abatement of nuisances. Part 6 Sewage Enforcement Officer ARTICLE XI Powers and Duties § 63-63. Conduct of sewage enforcement services. § 63-64. Scheduling of services. § 63-65. Applications for permits. Appendix A, Grinder Pump Agreement for Sewage for Use Where Gravity Will Not Feed Hookup [HISTORY: Adopted by the Board of Supervisors of the Township of Saint Thomas: Part 1, 5-24-1985 by Ord. No. 76; Part 2, 1-6-1997 by Res. No. 32-97; 1-15-1990 by Res. No. 1-90; Part 3, 4-2-1990 by Ord. No. 94; Part 4, 7-18-1994 by Ord. No. 106; Part 5, 7-18-1994 by Ord. No. 107; Part 6, 63:5 07-01 -2010 § 63-1 SAINT THOMAS CODE § 63-1 1-25-1982 by Res. No. 1-82(B). Sections 63-21, 63-33, 63-48 and 63-60 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.] GENERAL REFERENCES Sanitary landfills—See Ch.49. Part 1 Sewer Use [Adopted 5-24-1985 by Ord. No. 76] ARTICLE I Definitions § 63-1. Definitions of terms. Unless the context specifically and clearly indicates otherwise, the meanings of terms and phrases used in this Part 1 shall be as follows: AUTHORITY— Saint Thomas Township Municipal Authority, a municipality authority incorporated pursuant to provisions of the Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, 53 P.S. § 301 et seq., as amended and supplemented, of the commonwealth. BUILDING SEWER — The extension from the sewage drainage system of any structure to the lateral of a sewer. COMMONWEALTH— The Commonwealth of Pennsylvania. IMPROVED PROPERTY— Any property within this 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 sanitary sewage and/or industrial wastes shall be or may be discharged. 63:6 07-01 -2010 § 63-1 SEWERS § 63-1 INDUSTRIAL ESTABLISHMENT — Any improved property located within this township and used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any other improved property located in this township from which wastes, in addition to or other than sanitary sewage, shall be discharged. INDUSTRIAL WASTES — Any and all wastes discharged from any industrial establishment, other than sanitary sewage. LATERAL — That part of the sewer system extending from a sewer to the curbline or, if there shall be no curbline, to the property line, or if no such lateral shall be provided, then "lateral" shall mean that portion of or place in a sewer which is provided for connection of any building sewer. OWNER — Any person vested with ownership, legal or equitable, sole or partial, of any improved property. PERSON — Any individual, partnership, company, association, society, trust, corporation, municipality, municipality authority or other group or entity. SANITARY SEWAGE — Normal water-carried household and toilet wastes from any improved property. SEWER— Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes. SEWER SYSTEM — All facilities, as of any particular time, for collecting, pumping, transmitting, treating and disposing of sanitary sewage and/or industrial wastes, situate in or adjacent to this township and owned by the Authority. STREET — Includes any street, road, lane, court, cul-de-sac, alley, public way or public square. TOWNSHIP — The Township of Saint Thomas, Franklin County, Pennsylvania, a township of the Second Class of the commonwealth, acting by and through its Board of Supervisors 63:7 07-01 -2010 § 63-1 SAINT THOMAS CODE § 63-3 or, in appropriate cases, acting by and through its authorized representatives. ARTICLE II Use of Public Sewers Required § 63-2. Connections to available sewers required; limitations. [Amended 7-18-1994 by Ord. No. 109; 4-18-2000 by Ord.No. 1381 The owner of any improved property accessible to and whose principal building is within 250 feet of the right-of-way where the sewer system is located shall connect such improved property with and shall use such sewer system, in such manner as this township may require, within 60 days after such notice to such owner from this township to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this township from time to time. Where gravity will not feed the hookup, the owner will execute a grinder pump agreement in the form contained in Appendix A at the end of this chapter.'The distance requirement of 250 feet shall apply to all new sewer lines laid in the township after the date of this amendment. For sewer lines existing at the date of this amendment, the distance requirement shall remain 150 feet. § 63-3. Discharges into sewers. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under § 63-2, shall be conducted into a sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this township from time to time. I. Editor's Note: The grinder pump agreement is located at the end of this chapter as Appendix A. 63:8 07-01 -2010 § 63-4 SEWERS § 63-4 § 63-4. Prohibited discharges. A. No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within this township any sanitary sewage or industrial wastes in violation of§ 63-2. B. No person shall discharge or shall permit to be discharged to any natural outlet within this township any sanitary sewage or industrial wastes in violation of § 63-2, except where suitable treatment has been provided which is satisfactory to this township. C. No surface water or groundwater from either roof drains, sump pumps or any other source shall be discharged into any sanitary sewer system. [Added 6-16-1998 by Ord. No. 1312] D. Rules and regulations governing the acceptance of industrial waste and allied types of wastes, prohibiting the discharge of certain types of waste into the Authority's wastewater system, requiring preliminary treatment of certain industrial wastes, imposing certain conditions in connection with preliminary treatment, providing the basis for sewer rentals or charges for the use of the sewer system and the handling and/or treatment of industrial wastes requiring the execution of a written agreement prior to acceptance of industrial waste and providing for penalties and surcharges shall be adopted by the Authority from time to time. [Added 12-21-1992 by Ord. No. 100] E. Additional charges. [Added 12-21-1992 by Ord. No. 100] (1) In the event that the Authority shall consent under separate agreement to accept sanitary wastes for discharge into the sewer system from any improved property having total suspended solids and BOD in excess of the following concentrations, additional 2. Editor's Note:This ordinance also relettered former Subsections C,D and E as D,E and F,respectively. 63:9 07-01 -2010 § 63-4 SAINT THOMAS CODE § 63-4 charges will be made for all wastes discharged from such improved property: Discharge Concentration Type (parts per million) Suspended 300 solids (SS) BOD5 300 (2) The total charge for the total volume of waste shall be determined in accordance with the following formula: Total Q + (0.001 Q [BOD5 in ppm—300]) + (0.001 Q [SS in charge ppm— 300]) For purposes of the above formula: Q = Billing unit charged or metered quantity discharge SS = Suspended solids BOD5 = Biochemical oxygen demand F. The strength of the sanitary wastes shall be determined at intervals deemed advisable by this Authority or as may be requested by the owner of the particular improved property. The collection and analysis of waste samples for determination shall be supervised by a registered professional engineer approved by the Authority. All costs for waste sampling, collection and analysis shall be paid by the owner who desires that the waste be sampled and analyzed. The analysis of all waste samples collected shall be made in accordance with the latest edition of Standard Methods for the Examination of Water and Sewage, as 63:10 07-01 -2010 § 63-4 SEWERS § 63-7 published by the American Public Health Association. [Added 12-21-1992 by Ord. No. 100] § 63-5. Privy vaults to be cleaned and filled. A. No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property which has been connected to a sewer or which shall be required under § 63-2 to be connected to a sewer. B. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this township, shall be cleansed and shall be filled, at the expense of the owner of such improved property, under the direction and supervision of this township; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this township, not cleansed and filled, shall constitute a nuisance, and such nuisance may be abated, as provided by law, at the expense of the owner of such improved property. § 63-6. Connection of privy vault to sewer prohibited. No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer. § 63-7. Notice to make sewer connection. The notice by this township to make a connection to a sewer, referred to in § 63-2, shall consist of a copy of this Part 1, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this Part 1 and specifying that such connection shall be made within 60 days after the date such notice is given or served. Such notice may be given or served at 63:11 07-01 -2010 § 63-7 SAINT THOMAS CODE § 63-10 any time after a sewer is in place which can receive and can convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be given or served upon the owner in accordance with law. ARTICLE III Building Sewers and Connections § 63-8. Permit required for connection. No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any sewer or any part of the sewer system without first obtaining a permit, in writing, from this township. § 63-9. Application for permit. Application for a permit required under § 63-8 shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner. § 63-10. Conditions for connection. No person shall make or shall cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions: A. Such person shall have notified the Secretary of this township of the desire and intention to connect such improved property to a sewer. B. Such person shall have applied for and shall have obtained a permit as required by § 63-8. C. Such person shall have given the Secretary of this township at least 24 hours' notice of the time when such connection will be made so that this township may 63:12 07-01 -2010 § 63-10 SEWERS § 63-13 supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing. D. If applicable, such person shall have furnished satisfactory evidence to the Secretary of this township that any tapping (or connection) fee which may be charged and imposed by the Authority against the owner of each improved property who connects such improved property to a sewer has been paid. § 63-11. Separate connection for each property. Except as otherwise provided in this section, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of this township, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by this township. § 63-12. Costs to be borne by property owner. All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and shall save harmless this township and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to a sewer. § 63-13. Place of connection. A. A building sewer shall be connected to a sewer at the place designated by this township or by the Authority and where, if applicable, the lateral is provided. 63:13 07-01 -2010 § 63-13 SAINT THOMAS CODE § 63-16 B. The invert of a building sewer at the point of connection shall be at the same elevation as or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made and the connection of a building sewer to the lateral shall be made secure and watertight. § 63-14. Failure to make connection. [Amended 4-18-2000 by Ord.No. 138] If the owner of any improved property located within this township and whose principal building is accessible to and within 250 feet of the right-of-way for sewer lines laid after the date of this amendment, and within 150 feet of the existing sewer lines as of the date of this amendment, after 60 days' notice from the township, in accordance with § 63-2, shall fail to connect such improved property as required, this township may enter upon such improved property and construct such connection and may collect from such owner the cost and expenses thereof in the manner permitted by law. ARTICLE IV Rules and Regulations Governing Building Sewers and Connections § 63-15. Reconnection of house sewer to building sewer. Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or sewage disposal device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or sewage disposal device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer. § 63-16. Inspection of building sewer before covering. No building sewer shall be covered until it has been inspected and approved by this township. If any part of a building sewer 63:14 07-01 -2010 § 63-16 SEWERS § 63-17 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 a sewer. § 63-17. Sanitary maintenance of building sewer, grease trap and separator. A. Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property. B. Grease, oil, and sand interceptors or traps shall be provided by a user of the Saint Thomas Township Municipal Authority Sewer System when the Saint Thomas Township Municipal Authority (STTMA) determines that such devices are necessary for the proper handling of wastewaters containing greases, oils, or settable solids. Grease traps shall be provided when, in the opinion of STTMA, they are necessary for the proper handling of liquid wastes containing floatable grease in such amounts as to cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities. In general, grease traps shall be required at eating and drinking establishments and food or beverage manufacturing, processing, and merchandising establishments. Interceptors and traps shall be installed, operated, maintained and cleaned properly, so that they will consistently remove the grease, oil, or settable solids. Interceptors and traps shall be properly designed to accommodate the maximum flow rate expected to occur, and shall be located as to be readily and easily accessible for cleaning and inspection. C. All interceptors shall be of a type and capacity approved by STTMA and shall be located as to be readily and easily accessible for cleaning and inspection. All systems shall be designed, constructed and operated in accordance with the manufacturer's specifications. 63:15 07-01 -2010 § 63-17 SAINT THOMAS CODE § 63-17 D. Grease traps shall be equipped with devices to control the rate of water flow so that the manufacturer's rating is not exceeded. The minimum capacity of a grease trap shall be such that the grease retention capacity measured in pounds of grease shall be at least two times the total flow-through rating measured in gallons per minute (gpm). E. All grease traps shall be from a manufacturer with a minimum of five years' experience in the manufacturing of grease traps and/or shall conform to the Plumbing and Drainage Institute (PDI) Standard G101. F. Separators shall be provided when, in the opinion of STTMA, they are necessary for the proper handling of liquid wastes containing sand, grit, or other harmful ingredients in such amounts as to cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities. G. All separators shall be of a type and capacity approved by the STTMA and shall be located as to be readily and easily accessible for cleaning and inspection. All systems shall be designed, constructed and operated in accordance with the manufacturer's specifications. H. Separators shall have a depth of not less than two feet below the invert of the discharge drain. The outlet opening of the separator shall have not less than an eighteen-inch water seal. I. STTMA shall assume ownership of a grease trap and/or separator upon installation and inspection. The traps or separators shall be cleaned periodically to keep them in good working order. STTMA authorizes an independent hauler to conduct pumping and cleaning, and to maintain associated maintenance records. STTMA and its assigns shall have the right to inspect the grease traps and/or separators at any time to ensure that the systems are in working order and that the systems are properly maintained and cleaned. 63:16 07-01 .2010 § 63-18 SEWERS § 63-20 § 63-18. Guarding of excavations. Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk and other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this township. § 63-19. Failure to remedy unsatisfactory condition. If any person shall fail or shall refuse, upon receipt of a notice from this township or the Authority, in writing, to remedy any unsatisfactory condition with respect to a building sewer within 60 days of receipt of such notice, this township or the Authority may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of this township and the Authority. § 63-20. Damage, removal, modification or alteration to sewer system property. [Added 3-17-2010 by Ord. No. 1643] A. No person, persons, partnerships, corporations, LLCs, contractors, subcontractors, or any other business entity shall cause any damage to, remove, modify, replace, or alter any tangible personal property attached to, a part of, or connected in any way to the Authority sanitary sewerage system without first obtaining prior written approval from the Authority. B. Prior written approval from the Authority shall only be evidenced by a permit issued by the Authority. All persons or business entities who seek a permit shall submit a permit application to the Authority, which application 3. Editor's Note:This ordinance also provided for the redesignation of§1 63-20 through 63.64 as?t#63-21 through 63-65. 63:17 07-01 -2010 § 63-20 SAINT THOMAS CODE § 63-21 shall set forth in detail the nature of the removal, alteration, or modification proposed. C. The Authority may, in its sole discretion, require the permit application to be reviewed by its engineer. D. If the permit application is reviewed by the Authority's engineer, the cost of review by the Authority's engineer shall be paid by the persons or business entity seeking the permit, and no permit shall be issued until such fees and costs have been paid to the Authority. E. Any person, persons, or business entity, as set forth above, who shall violate any of the provisions of this section shall be liable to the Authority for all costs incurred by the Authority to repair or replace any property damaged, removed, modified, replaced, or altered, in addition to the penalties as set forth in Article V of Chapter 63 of the Code of the Township of Saint Thomas. F. In the event the Authority is not reimbursed for any costs or damages sustained by the Authority as set forth herein, the person, persons, or business entity so liable to the Authority shall be liable to the Authority in any action instituted to enforce this section for all witness fees, court costs, and attorney fees incurred by the Authority in any action commenced by the Authority to enforce the provisions of this section. § 63-21. Additional rules authorized. This Township reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper plating to connections with a sewer and with the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this Part 1. 63:18 07-01 -2010 § 63-22 SEWERS § 63-24 ARTICLE V Enforcement § 63-22. Violations and penalties. [Amended 10-21-1996 by Ord.No. 117; 3-17-1997 by Ord.No. 120] Any person who violates or permits a violation of this Part 1 shall be subject to a fine not to exceed $1,000, plus court costs, and, in default of payment, to confinement for a period not greater than 30 days, to be enforced by an action brought before the District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction to enforce compliance herewith. § 63-23. Recovery of fines and costs. Fines and costs imposed under provisions of this Part 1 shall be enforceable and recoverable in the manner and at the time provided by applicable law. ARTICLE VI Purpose § 63-24. Declaration of purpose. It is declared that enactment of this Part 1 is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Township. 63:19 07-01 -2010 § 63-24 SAINT THOMAS CODE § 63-25 Part 2 Fees [Adopted 1-6-1997 by Res. 32-97;4 amended in its entirety 1-2-2001 by Res.No. 88-01] ARTICLE VII Schedule of Fees § 63-25. Schedule of Fees. The fee schedule for the administration of the Pennsylvania Sewage Facilities Act(Act 537)5 is adopted as follows: A. Application fee for all new systems (including subdivisions): $465. [Amended 1-8-2006 by Res. No. 05-06] (1) The initial application fee shall cover all costs of initiating the paperwork associated with the application, the site evaluation, examination and evaluation of a maximum of four deep pit excavations (probes), and the preparation of the forms associated with the examinations of the deep probe(s); the completion of a 6-9 hole percolation test, which the applicant prepares and supplies water if needed; on design review, stake-out check and subsequent permit issuance if acceptable; and one final inspection of the system installation and verification all components are working. See Subsection E for cost breakdown. (2) All costs and liability associated with the excavation and backfill of the deep probe(s) shall be the responsibility of the applicant: no fee. 4. Editor's Note:This resolution also superseded former Part 2,Fees, adopted 1-15-1990 by Res.No.1-90,as amended. 5. Editor's Note:See 35 P.S.*750.1 et seq. 63:20 07-01 -2010 § 63-25 SEWERS § 63-25 (3) All work beyond the scope of the initial application fee work described in Subsection A(1) above will incur additional fees. See Subsection E for a cost breakdown of additional work items. Additional work items could include some or all of the following: (a) Additional probes (over the initial four). (b) Additional site visits (when applicant/contractor fails to keep the scheduled appointment without prior cancellation). (c) Additional site visits when percolation test is improperly set up or not set up at all. B. Permit issuance. (1) Additional permit fees(see Subsection E) apply to: (a) A community system design. (b) A system design that exceeds 2,500 square feet. (c) A system design that requires a pressure dosed in-ground trench system. (d) A system design that requires pressure dosed system utilizing a siphon. (2) Additiohal design review (if original is incorrect or unsatisfactory). (3) Additional stake-out check and/or site visit (if original is incorrect or unsatisfactory). C. Permit renewal: will be based upon scheduled fees and what is needed to renew the permit. (See Subsection E.) D. Final inspection. Additional final inspection: subsequent visits to site to verify that installation is complete. E. Application fee and other charges for services. 63:21 07-01 -2010 APPLICATION FEE, PER TASK BREAK DOWN NOTES: 1)Activities printed in bold type,are billed to the Township and are covered under the initial application fee the applicant pays prior to or in conjunction with starting a lots evaluation. 2)Activities listed with an*and italics MUST be paid by the applicant,payable to the township,prior to the next step in the permitting process taking place. These fees are additional to the original$610.00 application fee. Activity Description Cost 1. Process Application completion/initiation of appropriate sections of application $25.00 2. Deep Probes set of four backhoe probes evaluated and logged by SEO $100.00 *a. Additional probes Every two,over initial four $50.00 *b. Site visit When applicant/contractor is a no show without prior $80.00 cancellation 3.Percolation test Completion of a 6-9 hole test, $180.00 which applicant,under written directions of the SEO,prepares and supplies water *a. Site visit when test is improperly or not set $90.00 up at all 4. Permit Issuance Includes one design review,stake- $125.00 out check and subsequent permit issuance if acceptable a. Additional permit fee for Community system,system $60.00 exceeding 2,500 square feet, pressures dosed in-ground trench system,on-contour at-grade bed, pressured dosed system utilizing a siphon,spray irrigation,or flow equalization. b. Additional design review completed if original is incorrect $70.00 or unsatisfactory c. Additional stake-out ck. completed if original is incorrect $50.00 and/or site visit or unsatisfactory d.Pre-construction inspection visit site to check proper soil $50.00 moisture levels or related activities e. Replacement Dwelling System A fee collected for the township $120.00 Verification to cover site visit to inspect location of existing system and related activities prior to approval for a septic permit exemption 5.Permit renewal Assume using existing design,and based upon above fees and what soils test results is needed to renew permit 6. final Inspection Inspect system installation and $60.00 verify all components are working *a. Additional final inspection Subsequent visits to site to verify $50.00 installation is complete 7. Township processing fee a retainer which is not billed $120.00 but and is a 'buffer' fee to help offset additional sewage enforcement costs TOTAL (Not including additional fees) _ $610.00 *ST. THOMAS TOWNSHIP, FRANKLIN COUNTY* 2011+ SEWAGE ENFORCEMENT FEE SCHEDULE 1. Total Application Fee =$610.00 An application fee set by the township is paid when the applicant receives the "Application for an On-Lot Sewage Disposal Permit" from the SEO's office.The Sewage Enforcement Officer will not begin the sites/ applications evaluation, before the appropriate fees have been paid or other payment arrangements made,which are acceptable. NOTE: The property owners must make initial contact to the Sewage Enforcement Officer to get the process started. Within the$610.00 'application fee' the Township is billed on a lump sum, per task basis, as detailed on the attached table for services rendered per each application. The work completed pursuant to a particular application which involves the attached fee schedule/table will be billed under its own project number (i.e. 11 SE 05.01), and reference given to the application number which the task was completed for. 2. Work (i.e.:includes scheduling, preparation of site investigation and percolation test reports reviews, letters, etc.) which is completed pursuant to a proposed subdivision plan and/or module review,will be billed under a separate project number (i.e. 11 SE 05.02) with reference given to said subdivision and billed an hourly rate of$48.00/hour. By D.E.P standards these activities are not a Sewage Facilities Act 537 reimbursable expense. Hence,the Township will pass these fees onto the subdividers/developers of said subdivision. 3. Work completed (travel time included) regarding the investigation or evaluation of a malfunctioning onlot septic system will be billed separately (i.e. 11 SE 05.03),with reference (name or site location or both) given to the property in question, and billed at an hourly rate of $44.00/hour. NO anonymous complaints will be investigated. All complaints to be investigated must be written and signed by the complainant,or directed by Township staff or by the D.E.P to evaluate such. The Township may implement an ordinance or similar that any fees incurred by the Township for the investigation of a verified malfunctioning onlot septic system be passed on to the property owner. 4. Work completed for administrative purposes to enforce and complete required and essential services (i.e. phone calls,soils reports,correspondence, D.E.P activity reports, D.E.P pink copy submissions, etc.) to serve as the Townships Certified Sewage Enforcement Officer will be billed separately (i.e. 11 SE 05.04),with reference given to the application number the work was pertaining to (if applicable), and billed at an hourly rate of$40.00/hour. 5. Work completed pursuant to the administration and enforcement of the "Sewage Management Ordinance for St.Thomas Township"as required in the Townships Act 537 Plan will be billed separately (i.e. 11 SE 05.05),with reference given to the activity completed and billed at an hourly rate of $40.00/hour. TOWNSHIP OF SAINT THOMAS FRANKLIN COUNTY, PENNSYLVANIA RESOLUTION No. 12-10 WHEREAS, the Township of Saint Thomas currently has a fee schedule for the administration of the Pennsylvania Sewage Facilities Act(Act 537) as set forth in Chapter 63, Part 2, Article VII (§63-24) of the Code of the Township of Saint Thomas; and WHEREAS, the Sewage Enforcement Officer for the Township of Saint Thomas has requested an increase in the fees for the administration of the Sewage Facilities Act (Act 537); and WHEREAS, the Township of Saint Thomas Board of Supervisors has agreed to the increase requested. NOW,THEREFORE, BE IT RESOLVED, that the schedule of fees for the Sewage Enforcement Officer is amended as set forth on the attached letter from JWP Environmental, Inc., dated November 17, 2010. This resolution shall be effective January 1, 2011. ADOPTED, this 15th day of December, 2010 ATTEST: TOWNSHIP OF SAINT THO►∎ • S BOARD OF SUPE'V . OR, qi Lit •) ►q Z..[-/.4 / /� -� Susan K. Zimm:ilip retary mothy J. . ger, Chairman 4.* 40 es N. Faith, Jr. V I _ ' -(.• i� W Ij A. Dennis L'. Welsh, Jr. .v` § 63-25 SEWERS § 63-27 applicable), and billed at an urly rate of $32/hour. (e) Work completed pursuant o the administration and enforcement of th Sewage Management Ordinance for Thomas Township, as required in the To# ship's Act 537 Plan, will be billed separately 7i':e, 08 SE 05.05), with reference given/to the acti -ity completed and billed at an hQYrly rate of$28/hou :--._ Part 3 Sewage Collection and Treatment; Holding Tanks [Adopted 4-2-1990 by Ord. No. 94] ARTICLE VIII Regulations § 63-26. Purpose. The purpose of this article is to establish procedures for the regulation of sewage collection and treatment and the use and maintenance 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. § 63-27. Definitions. Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Article shall be as follows: AUTHORITY — The Supervisors of Saint Thomas Township, Franklin County, Pennsylvania, or appointed agents of the township. [Amended 7-18-1994 by Ord. No. 110] 63:25 07-01 -2010 § 63-27 SAINT THOMAS CODE § 63-28 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 the sewage at another site. 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 or may be discharged. MUNICIPALITY— Saint Thomas 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, corporation or 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 and any noxious or deleterious substance being harmful or inimical to the public health, to animal or aquatic life or to the use of water for domestic water supply or for recreation. § 63-28. Rights and privileges granted. The Authority is hereby authorized and empowered to undertake within the township the control and methods of sewage disposal and sewage collection and transportation thereof in areas served by the Authority's system and the regulation of holding tank use. 63:26 07-01 -2010 § 63-29 SEWERS § 63-32 § 63-29. Rules and regulations. The Authority is hereby authorized and empowered to adopt such rules and regulations concerning sewage discharge, collection and treatment as it may deem necessary from time to time to effect the purposes herein. § 63-30. Rules and regulations to conform to applicable law. All such rules and regulations adopted by the Authority shall be in conformity with the provisions herein, all other ordinances of the township and all applicable laws and applicable rules and regulations of administrative agencies of the United States and the Commonwealth of Pennsylvania. § 63-31. Rates and charges. The Authority shall have the right and power to fix, alter, charge and collect rates, assessments and other charges in the area served by its facilities at reasonable and uniform rates as authorized by applicable law. § 63-32. Exclusiveness of rights and privileges. A. The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely by or under the direction and control of the Authority, and the disposal thereof shall be made only at such site or sites as may be approved by the Department of Environmental Resources of the Commonwealth of Pennsylvania.6 B. The Authority will receive, review and retain pumping receipts from permitted holding tanks. 6. Editor's Note:The Department of Environmental Resources was restructured by Act 18 of 1995. The Department of Environmental Protection now deals with regulatory matters. 63:27 07-01 -2010 § 63-32 SAINT THOMAS CODE § 63-35 C. The Authority will complete and retain annual inspection reports for each permitted tank. § 63-33. Duties of owners of improved property. The owner of an improved property that utilizes a holding tank shall: A. Maintain the holding tank in conformance with this Article or any ordinance of this township, the provisions of any applicable law and the rules and regulations of the Authority and any administrative agency of the Commonwealth of Pennsylvania. B. Permit only the Authority or its agent to inspect holding tanks on an annual basis. C. Permit only the Authority or its agent to collect, transport and dispose of the contents therein. § 63-34. Violations and penalties. [Amended 10-21-1996 by Ord.No. 117; 3-17-1997 by Ord.No. 120] Any person who violates or permits a violation of this Part 3 shall be subject to a fine not to exceed $1,000, plus court costs, and, in default of payment, to confinement for a period not greater than 30 days, to be enforced by an action brought before the District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction to enforce compliance herewith. § 63-35. Abatement of nuisances. In addition to any other remedies provided in this Article, any violation of§ 63-32 above shall constitute a nuisance and shall 63:28 07-01 -2010 § 63-35 SEWERS § 63-37 be abated by the municipality or the Authority by seeking either mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction. Part 4 Sewage Management [Adopted 7-18-1994 by Ord. No. 106] ARTICLE IX On-lot Sewage Disposal Facilities § 63-36. Title;introduction; purpose. A. This Part 4 shall be known and may be cited as the "Sewage Management Ordinance for Saint Thomas Township." B. The purpose of this Part 4 is to provide for the inspection, maintenance and rehabilitation of on-lot sewage disposal systems; to further permit the municipality 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. § 63-37. Definitions. As used in this Part 4, the following terms shall have the meaning indicated: ACT 537 — The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq., known as the "Pennsylvania Sewage Facilities Act." AUTHORIZED AGENT — A certified sewage enforcement officer, code enforcement officer, professional engineer, plumbing inspector, municipal secretary or any other qualified or licensed person who is delegated by the municipality to 63:29 07-01 -2010 § 63-37 SAINT THOMAS CODE § 63-37 function within specified limits as the agent of the municipality to carry out the provisions of this Part 4. BOARD — The Board of Supervisors of Saint Thomas Township, Franklin County, Pennsylvania. CODES ENFORCEMENT OFFICER (CEO) — An individual employed by the municipality to administer and enforce other ordinances in the municipality. COMMUNITY SEWAGE SYSTEM — Any system, whether publicly or privately owned, for the collection of sewage from two or more lots and the treatment and/or disposal of the sewage on one or more lots or at any other site. DEPARTMENT — The Department of Environmental Resources of the Commonwealth of Pennsylvania(DER). 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 any waters of this commonwealth. MALFUNCTION — A condition which occurs when an on-lot sewage disposal system discharges sewage onto the surface of the ground, into groundwaters of this commonwealth or into surface waters of this commonwealth, backs up into the building connected to the system or otherwise causes a nuisance hazard to the public health or pollution of groundwater or surface water or contamination of public or private drinking water wells. MUNICIPALITY— Saint Thomas Township, Franklin County, Pennsylvania. ON-LOT SEWAGE DISPOSAL SYSTEM — Any system for disposal of sewage involving pretreatment and subsequent disposal of the clarified sewage into the soil for final treatment disposal, including both individual sewage systems and community sewage systems. 63:30 07-01 -2010 § 63-37 SEWERS § 63-37 PERSON — Any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, department, board, bureau or agency of the commonwealth, political subdivision, municipality, district, authority or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment, the term "person" shall include the members of an association, partnership or firm and the officers of any local agency or municipal, public or private corporation for profit or not for profit. REHABILITATION — Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal system. REPLACEMENT AREA — A portion of a lot or a developed property, sized to allow the installation of a subsurface sewage disposal area, which is reserved to allow that installation in the event of the malfunction of the originally installed on-lot sewage disposal system. SEWAGE — Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances 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 recreation or which constitutes pollution under the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law," as amended.? SEWAGE ENFORCEMENT OFFICER (SEO) — The official of the local agency who issues and reviews permit applications and conducts such investigations and inspections as are necessary to implement Act 537 and the rules and regulations promulgated thereunder. SEWAGE MANAGEMENT DISTRICT — Any area or areas of a municipality for which a sewage management program is recommended by the municipality's adopted plan. 7. Editor's Note:See 35 P.S.§691.1 et seq. 63:31 07-01 -2010 § 63-37 SAINT THOMAS CODE § 63-39 SEWAGE MANAGEMENT PROGRAMS — A comprehensive set of legal and administrative requirements encompassing the requirements of this Part 4 and other administrative requirements adopted by the municipality to effectively enforce and administer this Part 4. SEWAGE PLAN — A plan for the provision of adequate sewage disposal systems, adopted by the municipality and approved by the Pennsylvania Department of Environmental Resources, as described in, and required by, the Pennsylvania Sewage Facilities Act.8 SUBDIVISION — The division or redivision of a lot, tract or other parcel of land into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines. The enumerating of lots shall include as a lot that portion of the original tract or tracts remaining after other lots have been subdivided therefrom. § 63-38. Applicability. From the effective date of this Part 4, its provisions shall apply in any portion of the municipality identified in the municipality's Act 537 Official Sewage Facilities Plan as a sewage management district. Within such an area or areas, the provisions of this Part 4 shall apply to all persons owning any property serviced by an on-lot sewage disposal system and to all persons installing or rehabilitating on-lot sewage disposal systems. If necessary, the entire municipality may be identified as a sewage management district. § 63-39. Permit requirements. A. No person shall install, construct or request bid proposals for construction or alter an individual sewage system or community sewage system or construct or request bid proposals for construction or install or occupy any building or structure for which an individual sewage system is to be 8. Editor's Note:See 35 P.S.#750.1 et seq. 63:32 07-01 -2010 § 63-39 SEWERS § 63-39 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 Pennsylvania Sewage Facilities Act9 and the regulations adopted pursuant to that Act. B. No system or structure designated to provide individual or community sewage disposal shall be covered from view until approval to cover the same has been given by the body which issued the original permit or its authorized representative. If 72 hours have elapsed, excepting Sundays and holidays, since the body issuing the permit received notification of completion of construction, the applicant may cover said system or structure unless permission has been refused by the issuing body. C. The municipality may require applicants for sewage permits to notify the municipality's certified Sewage Enforcement Officer of the schedule for construction of the permitted on-lot sewage disposal system so that inspection(s)in addition to the final inspection required by Act 537 may be scheduled and performed by the municipality's certified Sewage Enforcement Officer. D. No building or occupancy permit shall be issued by the municipality or its Codes Enforcement Officer for a new building which will contain sewage-generating facilities until a valid sewage permit has been obtained from the municipality's certified Sewage Enforcement Officer. E. No building or occupancy permit shall be issued and no work shall begin on any alteration or conversion of any existing structure, if said alteration or conversion will result in the increase or potential increase in sewage flows from the structure, until the municipality's Codes Enforcement Officer and the structure's owner receive from the municipality's Sewage Enforcement Officer either a permit for alteration or a replacement of the existing sewage disposal system or written notification that such a 9. Editor's Note:See 35 P.S.*750.1 et seq. 63:33 07-01 -2010 § 63-39 SAINT THOMAS CODE § 63-39 permit will not be required. The certified Sewage Enforcement Officer shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows. F. Sewage permits may be issued only by a certified Sewage Enforcement Officer employed by the municipality for that express purpose. The Department of Environmental Resources shall be notified by the municipality as to the identity of their currently employed certified Sewage Enforcement Officer. G. No sewage permits may be issued unless proof is provided that the owner of record has owned the lot since May 15, 1972, or that Act 537 planning for that lot has been provided by the municipality. H. No final Act 247 approval on a subdivision plan may begin until Act 537 planning is approved by the municipality and the Department of Environmental Resources. I. All persons proposing to install an on-lot sewage disposal system on any lot within the township, including those persons proposing to install such a system on a lot 10 acres or larger and who are otherwise qualified for a permit exemption in accordance with the provisions of Section 7(a)(1) of the Pennsylvania Sewage Facilities Act (35 P.S. §§ 750.1 through 750.20),10 shall apply to the township for a permit for the installation of such system. [Added 11-17-1997 by Ord. No. 125] J. No person shall install or commence construction of any on-lot sewage disposal system for which a permit is required until such permit has been issued by a Sewage Enforcement Officer employed by or contracted to the township. [Added 11-17-1997 by Ord.No. 125] 10. Editor's Note:See specifically 35 P.S.§750.7(a)(1). 63:34 07-01 -2010 § 63-40 SEWERS § 63-41 § 63-40. Replacement areas. A. Any revisions to the municipality's Official Sewage Facilities Plan, or exceptions thereto, which are prepared pursuant to the applicable regulations of the Pennsylvania Department of Environmental Resources for subdivision or development of land within an identified sewage management district shall provide for the testing, identification and reservation of an area of each lot or developed property suitable for the installation of a replacement on-lot sewage disposal system. This requirement is in addition to the testing, identification and reservation of an area for the primary sewage disposal system. B. No permit shall be issued for any proposed new on-lot sewage disposal system on any newly created or subdivided property in any sewage management district unless and until a replacement area is tested, identified and reserved. § 63-41. Inspections. A. Any on-lot sewage disposal system may be inspected by the municipality's authorized agent at any reasonable time as of the effective date of this Part 4. B. The inspection may include a physical tour of the property, the taking of samples from surface water, wells, other groundwater sources, the sampling of the contents of the sewage disposal system itself and/or the introduction of a traceable substance into the interior plumbing of the structure served to ascertain the path and ultimate destination of wastewater generated in the structure. C. The municipality's authorized agent shall have the right to enter upon land for the purposes of inspections described above. D. An initial inspection shall be conducted by the municipality's authorized agent within one to five years of 63:35 07-01 -2010 § 63-41 SAINT THOMAS CODE § 63-41 the effective date of this Part 4 for the purpose of determining the type and functional status of each sewage disposal system in the sewage management district. An average of 300 systems will be inspected, pumped and/or repaired each year. A written report shall be furnished to the owner of each property inspected, and a copy of said report shall be maintained in the municipal records. E. A schedule of routine inspections may be established by the municipality if necessary to assure the proper function of the systems in the sewage management district. F. The municipality and its authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the municipality and its authorized agent shall take action to require the correction of the malfunction. If total correction is not technically or financially feasible in the opinion of the authorized agent and a representative of the Pennsylvania Department of Environmental Resources, then action by the property owner to mitigate the malfunction shall be required. G. There may arise geographic areas within the municipality where numerous on-lot sewage disposal systems are malfunctioning. A resolution of these areawide problems may necessitate detailed planning and a municipally sponsored revision to that area's Act 537 Official Sewage Facilities Plan. When a DER authorized Official Sewage Facilities Plan revision has been undertaken by the municipality, mandatory repair or replacement of individual malfunctioning sewage disposal systems within the study area may be delayed, at the discretion of the municipality, pending the outcome of the plan revision process. However, the municipality may compel immediate corrective action whenever a malfunction, as determined by municipal officials and the Pennsylvania DER, represents a serious public health or environmental threat. H. The owner of any on-lot sewage disposal system inspected shall be responsible for paying an 63:36 07-01 -2010 § 63-41 SEWERS § 63-43 inspection/administration fee of$30 to the municipality for each and every inspection of their on-lot sewage disposal system. § 63-42. Prohibited discharges. A. Only normal domestic wastes shall be discharged into any on-lot sewage disposal system. The following shall not be discharged into the system: (1) Industrial waste. (2) Automobile oil and other nondomestic oil. (3) Toxic or hazardous substances or chemicals, including but not limited to pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and other solvents. (4) Clean surface water or ground water, including water from roof or cellar drains, springs, basement sump pumps and French drains. § 63-43. Maintenance. A. Any person owning a building served by an on-lot sewage disposal system or retaining tank (as defined by 25 PA Code 73 and 73.1) shall have the septic tank and/or retaining tank pumped by a qualified pumper/hauler within the township schedule of one to five years from the effective date of this Part 4. An average of 300 on-lot sewage systems will be pumped and/or repaired each year. All systems will be completed within the five-year period. Upon completion of the initial five-year period, all systems will be inspected on a five-year rotating basis. Receipts from the pumper/hauler shall be submitted to the municipality within the prescribed thirty-day pumping period. The Saint Thomas Township Municipal Authority shall be considered a qualified pumper/hauler if it is providing such services. All septic tank pumpers/haulers 63:37 07-01 .2010 § 63-43 SAINT THOMAS CODE § 63-43 shall be licensed by the township and shall submit written reports to the township on all pumping as to the condition of the tank. B. At such time as the solid buildup reaches 1/3 to 1/2 of the tank, all tanks should be pumped. At no time shall the depth of the scum be below the depth of the outlet baffle. If this condition should occur, then the tank shall immediately be pumped. C. The required pumping frequency may be increased at the discretion of the authorized agent if the systems 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. If any person can prove that his or her systems tank has been pumped within the township's one- to five-year schedule and a visual inspection is made in accordance with the schedule with no noted defects, then the system will be deferred from pumping until the next five-year cycle at which time the pumping and inspection will be required. D. Any person owning a property served by a septic tank shall submit, with each required pumping receipt, a written statement, from the pumper/hauler or from any other qualified individual acceptable to the municipality, that the baffles in the septic tank have been inspected and found to be in good working order. Any person whose septic tank baffles are determined to require repair or replacement shall first contact the municipality's certified Sewage Enforcement Officer for approval of the necessary repair. E. Any person owning a building served by an on-lot sewage disposal system which 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 agreement shall be submitted to the municipality 63:38 07-01 -2010 § 63-43 SEWERS § 63-44 within six months of the effective date of this Part 4. Thereafter, service receipts shall be submitted to the municipality at the intervals specified by the manufacturer's recommendations. In no case may the service or pumping intervals for aerobic treatment tanks exceed those required for septic tanks. F. Any person owning a building served by a cesspool or dry well shall have that system pumped according to the schedule prescribed for septic tanks. As an alternative to this scheduled pumping of the cesspool or dry well, the owner may secure a sewage permit from the certified Sewage Enforcement Officer for a septic tank to be installed preceding the cesspool or dry well. For a system consisting of a cesspool or dry well preceded by an approved septic tank, only the septic tank must be pumped at the prescribed interval. G. The municipality 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 water away from the disposal area, etc. § 63-44. Malfunctioning systems; rehabilitation. A. 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 unless a permit to discharge has been obtained from the Pennsylvania Department of Environmental Resources. B. The municipality shall issue a written notice of violation to any person who is the owner of a property in the 63:39 07-01 -2010 § 63-44 SAINT THOMAS CODE § 63-44 municipality 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. C. Within seven days of notification by the municipality that a malfunction has been identified,the property owner shall make application to the municipality's certified Sewage Enforcement Officer for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the municipality, construction of the permitted repair or replacement shall commence. Within 60 days of the original notification by the municipality, the construction shall be completed unless seasonal or unique conditions mandate a longer period, in which case the municipality shall set an extended completion date. D. The municipality's certified Sewage Enforcement Officer shall have the authority to require the repair of any malfunction by the following methods: cleaning, repair or replacement of components of the existing system; adding capacity or otherwise altering or replacing the system's treatment tank; expanding the existing disposal area; replacing the existing disposal area; replacing a gravity distribution system with a pressurized system; replacing the system with a holding tank; or other alternatives as appropriate for the specific site. E. In lieu of or in combination with the remedies described in Subsection D above, the municipal Sewage Enforcement Officer 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 structure served. The use of laundry 63:40 07-01 -2010 § 63-44 SEWERS § 63-46 facilities may be limited to one load per day or discontinued altogether, etc. F. In the event that the rehabilitation measures in Subsections A through E are not feasible or do not prove effective, the municipality may require the owner to apply to the Pennsylvania Department of Environmental Resources for a permit to install an individual spray irrigation treatment system or a single residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 30 days. G. Should none of the remedies described above prove totally effective in eliminating the malfunction of an existing on-lot sewage disposal system, the property owner is not absolved of responsibility for that malfunction. The municipality may require whatever action is necessary to lessen or mitigate the malfunction to the extent that it feels necessary. § 63-45. Liens. The municipality, upon written notice from the municipal Sewage Enforcement Officer 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 4, shall have the authority to perform or contract to have performed the work required by the certified Sewage Enforcement Officer. The owner shall be charged for the work performed and, if necessary, a lien shall be entered therefor in accordance with law. § 63-46. Disposal of septage. A. All septage originating within the municipal sewage management district shall be disposed of at sites or facilities approved by the Pennsylvania Department of Environmental Resources. Approved sites or facilities shall 63:41 07-01 -2010 § 63-46 SAINT THOMAS CODE § 63-46 include the following: septage treatment facilities; wastewater treatment plants; composting sites; and approved farmlands. The Saint Thomas Municipal Authority treatment facility should be used if operational. B. Septage pumpers/haulers operating within the municipal sewage management district shall operate in a manner consistent with the provisions of the Pennsylvania Solid Waste Management Act(Act 97 of 1980, 35 P.S. § 6018.101 through 6018.1003). C. Septage pumpers/haulers operating in the municipality are required to obtain a license from the municipality. Applications for license shall be made on forms provided by the municipality. Prior to receiving a license from the municipality, applicants shall be required to do the following: [Amended 11-2-1999 by Ord. No. 136] (1) Pay an application fee of $30 to the Township of Saint Thomas. This fee may be increased by resolution of the Board of Supervisors at any time the Board deems it necessary. (2) Complete an application form. (3) Provide a copy of his pumper license number to the township. (4) List any other municipalities (name, address, phone number)in which the applicant is a licensed pumper. (5) Schedule an interview with the Township Sewage Enforcement Officer. The purpose of the interview shall be to take an oral test administered by the Sewage Enforcement Officer. The test shall be designed to determine whether the applicant is competent in the field of septage pumping and/or hauling. (6) The applicant must agree to perform septage pumping and/or hauling pursuant to the system established by the Saint Thomas Township Sewage 63:42 07-01 -2010 § 63-46 SEWERS § 63-46 Enforcement Officer. The applicant must also agree to abide by all township, state and/or federal laws, rules and regulations that apply to septage pumping and/or hauling. D. All licenses granted under this section shall expire on the first February 2 which occurs after the license has been granted. For example, if an applicant receives his license on July 1, 2000, it will expire on February 2, 2001. In addition, if an applicant receives his license on January 15, 2000, it will expire on February 2, 2000. [Added 11-2-1999 by Ord. No. 136] E. All septage pumpers/haulers that receive licenses shall be required to comply with the following rules and regulations: [Added 11-2-1999 by Ord. No. 136] (1) The licensee must schedule a meeting with the Township Sewage Enforcement Officer after he receives his license. The purpose of the meeting shall be to receive instructions concerning the manner in which the licensee must perform any septage pumping and/or hauling within the township. (2) Any and all required paperwork to be completed by the Licensee must be submitted in the first week of the following month. (3) All data submitted by the licensee to the township, whether in verbal or written form, must be true and accurate. (4) The licensee shall not advise residents of any repair or upgrade work that needs to be performed on a septic system unless the licensee has first consulted with the Township Sewage Enforcement Officer. The consultation must precede the discussion with the township resident. (5) The licensee shall not perform any collective measures on a septic system unless the licensee has 63:43 07-01 -2010 § 63-46 SAINT THOMAS CODE § 63-47 consulted with the Township Sewage Enforcement Officer. Said consultation must take place prior to the corrective measures being performed. The licensee must obtain any and all applicable local, state or federal permits prior to performing said corrective measures. All corrective measures must be performed in compliance with all local, state or federal regulations and requirements of the Township Sewage Enforcement Officer. (6) The licensee must abide by all other rules and regulations and procedures as established by the Township Sewage Enforcement Officer. F. Failure to comply with the rules and regulations as set forth above, or failure to comply with any other local, state or federal rules, regulations, laws, etc. shall result in the license being revoked. The Sewage Enforcement Officer for the Township of Saint Thomas shall make the initial determination with regards to revocation of the license. Revocation of the license shall prohibit the licensee from applying for a new license for a period of two years from the date of revocation of said license. If the license is revoked by the Sewage Enforcement Officer, then the licensee shall have the right to appeal said decision to the Saint Thomas Township Board of Supervisors pursuant to § 63-47. [Added 11-2-1999 by Ord. No. 1361 § 63-47. Administration. A. The municipality shall establish all administrative procedures necessary to properly carry out the provisions of this Part 4. The municipality may establish a fee schedule, and subsequently collect fees, to cover the costs to the municipality of administering this program. B. The municipality shall reserve the right to contract all pumping of on-lot sewage systems on a yearly basis in order to secure the lowest cost for its residents. The 63:44 07-01 -2010 § 63-47 SEWERS § 63-49 municipality will administer the inspections and the pumping. § 63-48. Appeals. A. Appeals from decisions of the municipality or its authorized agents under this Part 4 shall be made to the Board of Supervisors, in writing, within 30 days from the date of the decision in question. B. The appellant shall be entitled to a hearing before the Board of Supervisors at its next regularly scheduled meeting, if the appeal is received at least 14 days prior to that meeting. If the appeal is received within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the subsequent meeting. The municipality shall thereafter affirm, modify or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the municipality. Additional evidence may be introduced at the hearing, provided that it is submitted with the written notice of appeal. C. A decision shall be rendered, in writing, within 30 days of the date of the hearing. If a decision is not rendered within 30 days, the release sought by the appellant shall be deemed granted. § 63-49. Violations and penalties. [Amended 10-21-1996 by Ord.No. 117;3-17-1997 by Ord. No. 120] Any person who violates or permits a violation of this Part 4 shall be subject to a fine not to exceed $1,000, plus court costs, and, in default of payment, to confinement for a period not greater than 30 days, to be enforced by an action brought before the District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek 63:45 07-01 -2010 § 63-49 SAINT THOMAS CODE § 63-51 equitable relief, including injunction to enforce compliance herewith. Part 5 Privies [Adopted 7-18-1994 by Ord. No. 107] ARTICLE X Regulations § 63-50. Purpose. The purpose of this Part 5 is to establish procedures for the use and maintenance 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 Part 5 is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this municipality. § 63-51. Definitions. Unless the context specifically and clearly indicates otherwise, the meanings of terms used in this Part 5 shall be as follows: AUTHORITY — Supervisors of Saint Thomas Township, Franklin 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 or may be discharged. MUNICIPALITY— Saint Thomas Township, Franklin County, Pennsylvania. 63:46 07-01 -2010 § 63-51 SEWERS § 63-53 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, corporation or other group or entity. PRIVY — A watertight receptacle, whether permanent or temporary, which receives and retains sewage where water under pressure or piped wastewater is not available and is designed and constructed to facilitate the ultimate disposal of the sewage at another site. SEWAGE — Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious 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 recreation or any substance which constitutes pollution under the Clean Streams Law (35 P.S. §§ 691.1 through 691.1001). § 63-52. 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. § 63-53. Approval required. The collection and transportation of all sewage from any improved property utilizing a privy shall be done solely by or under the direction and control of the Authority, and the disposal thereof shall be made only at such site or sites as may 63:47 07-01 -2010 § 63-53 SAINT THOMAS CODE § 63-57 be approved by the Department of Environmental Resources of the Commonwealth of Pennsylvania.11 § 63-54. Permit required. From and after the effective date of this Part 5, no person shall set up, place, install, locate, have or make available for use any privy, as herein defined, except in accordance with this Part 5 and unless a permit shall be obtained and maintained for the same as herein provided. § 63-55. Application for permit. Application for privy permit shall be made in writing to the Authority on forms supplied by the Authority, which shall set forth at a minimum the name and address of the owner and site location. § 63-56. Authorization to adopt rules and regulations. The Authority is hereby authorized and empowered to adopt such rules and/or regulations concerning sewage which it may deem necessary from time to time to effect the purposes herein. Said rules and/or regulations shall be adopted by resolution. § 63-57. Rules and regulations to conform with applicable law. All such rules and regulations adopted by the Authority shall be in conformity with the provisions herein, all other ordinances of the township and all applicable laws and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania. 11. Editor's Note:The Department of Environmental Resources was restructured by Act 18 of 1995. The Department of Environmental Protection now deals with regulatory matters. 63:48 07-01 -2010 § 63-58 SEWERS § 63-59 § 63-58. Rates and charges. The Authority shall have the right and power to charge and collect rates, assessments and other charges in the area served by its facilities as reasonable and uniform rates as authorized by applicable law by resolution adopted by the Authority. § 63-59. Conditions applicable to permit. A. 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 wastewater becomes available to the lot. B. 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. C. The conditions of use described in Subsection A above do not apply: (1) To a privy to be used on an isolated lot which is one acre or larger and is not nor will not be served by water under pressure in the future. (2) To temporary use of portable retention tanks where their use is proposed at construction sites or at the site of public gatherings and entertainment. D. Specific conditions for use of privies shall be incorporated in the permit application and permit for the proposed use of a privy. E. The authority shall have the right of inspection at all reasonable times for proper operation, maintenance and content disposal. 63:49 07-01 -2010 § 63-60 SAINT THOMAS CODE § 63-61 § 63-60. Duties of improved property owner. The owner of an improved property that utilizes a privy shall: A. Maintain the privy in conformance with this Part 5 or any ordinance of this township, the provisions of any applicable law and the rules and regulations of the Authority and any administrative agency of the Commonwealth of Pennsylvania. B. Permit only the Authority or its agent to collect, transport and dispose of the contents therein. C. Abandon the privy consistent with applicable public health and environmental 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 wastewater becomes available to the property. D. Permit the Authority to enter upon lands to inspect the privy for proper operation, maintenance and contents disposal. § 63-61. Violations and penalties. [Amended 10-21-1996 by Ord.No. 117; 3-17-1997 by Ord. No. 120] Any person who violates or permits a violation of this Part 5 shall be subject to a fine not to exceed $1,000, plus court costs, and, in default of payment, to confinement for a period not greater than 30 days, to be enforced by an action brought before the District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction to enforce compliance herewith. 63:50 07-01 -2010 § 63-62 SEWERS § 63-63 § 63-62. Abatement of nuisances. In addition to any other remedies provided in this Part 5, any violation of§ 63-59 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction. Part 6 Sewage Enforcement Officer [Adopted 1-25-1982 by Res. No. 1-82(B)12] ARTICLE XI Powers and Duties § 63-63. Conduct of sewage enforcement services. A Sewage Enforcement Officer shall be present in Saint Thomas Township, weather permitting, to conduct the following: A. Any and all soil tests deemed necessary by the Enforcement Officer, and/or required by Department of Environmental Protection(DEP) regulations. B. Completion of the Commonwealth of Pennsylvania sewage facilities program application for sewage disposal system, as provided and regulated by the Pennsylvania Department of Environmental Protection. C. Issuance of the Commonwealth of Pennsylvania permit for installation of sewage disposal system where in accordance with established regulations. D. Final inspection of disposal system installations pursuant in the above-mentioned application and in accordance with 12. Editor's Note:This resolution superseded Ord.No.13,which established the position of Sewage Inspection Officer. 63:51 07-01 -2010 § 63-63 SAINT THOMAS CODE § 63-65 the Pennsylvania Department of Environmental Protection regulations. § 63-64. Scheduling of services. All scheduling and contact for sewage enforcement services are to be directed to the Saint Thomas Township Secretary. § 63-65. Applications for permits. All applications for new or repair sewage permits must be directed to the Saint Thomas Township Secretary prior to the scheduling of the sewage enforcement services.13 13. Editor's Note:See Part 2,Fees,of this chapter for the Schedule of Fees. 63:52 07-01 -2010