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HomeMy WebLinkAboutWashington Township Sewer Ordinance Township of Washington, PAPage 1 of 14   Township of Washington, PA Wednesday, March 28, 2012 Chapter 271. SEWERS [HISTORY: Adopted by the Board of Supervisors of the Township of Washington as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Sewage transportation agreement — See Ch. 35, Art. I. Uniform construction codes — See Ch. 145. Subdivision and land development — See Ch. 310. Water — See Ch. 348. Article I. Sewer Connections [Adopted 9-7-1976 by Ord. No. 54] § 271-1. Definitions. Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows: AUTHORITY The Washington Township Municipal Authority, Franklin County, Pennsylvania, a municipality authority 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. 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 and from which structures sanitary sewage and/or industrial wastes shall be or may be discharged. INDUSTRIAL ESTABLISHMENT Any property located in this Township 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 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 an 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 a point designated by the Township, or, if no such lateral shall be provided, then http://www.ecode360.com/print/WA27653/28/2012 Township of Washington, PAPage 2 of 14 "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 property. PERSON Any individual, partnership, company, association, society, trust, corporation or other group or entity. SANITARY SEWAGE Normal water-carried household and toilet wastes from any improved property excluding such [Amended 6-20-1994 by Ord. No. 128] ground, surface or stormwater as may be present. 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, transporting, 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 Washington, Franklin County, Pennsylvania, a municipal subdivision of the commonwealth, acting by and through its Board of Supervisors, or, in appropriate cases, acting by and through its authorized representatives. § 271-2. Use of public sewers required. A. The owner of any property accessible to and whose principal building is within 150 feet from the sewer system shall connect such property with and shall use such sewer system, in such manner as this Township may require, within 60 days after 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 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. B. All sanitary sewage and industrial wastes from any property, after connection of such property with a sewer shall be required under Subsection A, 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. C. Deposit and discharge prohibited. (1) 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 Subsection A. (2) 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 Subsection A, except where suitable treatment has been provided which is satisfactory to this Township. D. No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any property which has been connected to a sewer or which shall be required under Subsection A to be connected to a sewer. http://www.ecode360.com/print/WA27653/28/2012 Township of Washington, PAPage 3 of 14 E. No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer. F. The notice by this Township to make a connection to a sewer, referred to in Subsection A, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section thereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 60 days from the date such notice is given. Such notice may be given at any time when a sewer is in place which can receive and can convey sanitary sewage and industrial wastes for treatment and disposal from the particular property. Such notice shall be served upon the owner in accordance with law. G. No building floor drain, sump pump, drain spout, or any device permitting stormwater, water table, or surface water to enter the sewer shall be permitted. [Added 6-20-1994 by Ord. No. 128] § 271-3. Building sewers and connections. A. 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. B. Application for a permit required under Subsection A shall be made by the owner of the property served or to be served or by the duly authorized agent of such owner. C. No person shall make or shall cause to be made a connection of any property with a sewer until such person shall have fulfilled each of the following conditions: (1) Such person shall have notified the Secretary of the Township of the desire and intention to connect such property to a sewer; (2) Such person shall have applied for and shall have obtained a permit as required by Subsection A; (3) Such person shall have given the Secretary of the Township at least 24 hours' notice of the time when such connection will be made so that this Township may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing; and (4) 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 property who connects such property to a sewer has been paid. D. Except as otherwise provided in this Subsection D, each property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one 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. E. 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 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 the construction of a building sewer, the connection of a building sewer to a sewer, or the abandonment of a privy vault, cesspool, sinkhole, septic tank or similar receptacle as required under § 271-2D of this article. http://www.ecode360.com/print/WA27653/28/2012 Township of Washington, PAPage 4 of 14 F. Connection of building sewer. (1) A building sewer shall be connected to a sewer at the place designated by this Township and where, if applicable, the lateral is provided. (2) The invert of a building sewer at the point of connection shall be at the same or 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. G. If the owner of any property abutting on or adjoining any street in which a sewer constituting part of the sewer system is located, after 60 days' notice from this Township requiring the connection of such property with a sewer, in accordance with § 271-2A, shall tail to connect such property, as required, this Township may make such connection and may collect from such owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law. § 271-4. Rules and regulations governing building sewers and connections to sewers. A. Where a 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. B. No building sewer shall be covered until it has been inspected and approved by the Township. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection, at the cost and expense of the owner of the property to be connected to a sewer. C. Every building sewer of any property shall be maintained in a sanitary and safe operating condition by the owner of such property. D. 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 property being connected, in a manner satisfactory to this Township. E. If any person shall fail or shall refuse, upon receipt of a notice of this Township, in writing, to remedy any unsatisfactory condition with respect to a building sewer, within 60 days of receipt of such notice, this Township 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. F. This Township reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating 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 article. § 271-5. Violations and penalties. [Amended 6-20-1994 by Ord. No. 128; 9-15-1997 by Ord. No. 141] Editor's Note: Amended at time of Any person who violates or permits a violation adoption of Code (see Ch. 1, General Provisions, Art. III). of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. The http://www.ecode360.com/print/WA27653/28/2012 Township of Washington, PAPage 5 of 14 minimum fine to be imposed is $50 per day or portion thereof for a first offense; $100 per day or portion thereof for a second offense and $500 per day or portion thereof for each subsequent offense. The Magisterial District Judge may impose a fine of more than the minimum amounts set forth above. § 271-6. Purpose. It is declared that enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Township. Article II. Individual or Community Sewage Disposal Systems [Adopted 3-17-1986 by Ord. No. 95] § 271-7. Purpose. The purpose of this article is to clarify when it is necessary to apply for and obtain a permit for the installation, modification, or repair of an individual sewage system or a community sewage system, and to require the applicant to pay all fees and costs of said permit. § 271-8. Definitions. Unless otherwise specifically set forth herein, the definitions used in this article are to have the same meaning as set forth in Section 2 of the Act, as amended,and as set Editor's Note: See 35 P.S. § 750.2. forth in the applicable Rules and Regulations of the Department of Environmental Protection. § 271-9. Permit for sewage system required. No person shall install, modify or repair an individual sewage system or community sewage system; and no person shall construct or request bids for construction of an individual sewage system or a community sewage system; and no person shall install or occupy any building or structure for which an individual sewage system or a community sewage system is to be installed without first obtaining a permit indicating that the site, plans and specifications of such system are in compliance with this article. A permit shall be required in every instance where a person desires to install, construct, modify or repair an individual sewage system or a community sewage system on any tract of land of any size or any location in Washington Township, Franklin County, Pennsylvania, regardless of the use of the land and regardless of whether use is established by actual usage or by zoning. No rural residence, as that term is defined in the Act, or any lot shall be exempt from the provisions of this article. § 271-10. Obtaining of permit. All permits for the construction, installation, modification or repair of an individual sewage system or a community sewage system shall be obtained from the Washington Township Sewage Enforcement Officer, and the issuance of all such permits shall be subject to all the conditions that may be required by any rules and regulations adopted by Washington Township or the Commonwealth of Pennsylvania concerning the issuance of sewage permits. Applications for permits shall be submitted in writing to the Township Secretary or her designee and shall be made on such forms as the Township Board of Supervisors or its designee may from time to time provide or require. § 271-11. Inspections. The Sewage Enforcement Officer shall make all inspections pursuant to and as required by the Act, as amended, and the standards and regulations adopted pursuant to the aforesaid Act. As well as any standards, regulations or resolutions adopted by Washington Township Supervisors concerning the issuance of sewer permits. http://www.ecode360.com/print/WA27653/28/2012 Township of Washington, PAPage 6 of 14 § 271-12. Applicant to pay costs. Applicants shall pay all costs of inspection, including but not limited to fees paid to the Sewage Enforcement Officer, and any and all other fees and charges as the Washington Township Supervisors may from time to time establish by resolution. Fees and costs shall be paid to the Township Secretary or her designee. § 271-13. Violations and penalties. Any person Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III). who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. The minimum fine to be imposed is $50 per day or portion thereof for a first offense; $100 per day or portion thereof for a second offense and $500 per day or portion thereof for each subsequent offense. The Magisterial District Judge may impose a fine of more than the minimum amounts set forth above. § 271-14. Abatement of nuisances. In addition to any other remedies provided in this article, any violation of this article shall constitute a nuisance and may be abated by Washington Township by seeking appropriate equitable or legal relief from a court of competent jurisdiction. Article III. Holding Tanks and Privies [Adopted 7-2-1990 by Ord. No. 114] § 271-15. Purposes. The purpose of this article is to establish procedures for the use and maintenance of existing and new holding tanks and existing and new privies designed to receive and retain sewage, whether from residential or commercial uses, and it is hereby declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this municipality. § 271-16. Definitions. Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows: GOVERNING BODY The Supervisors of Washington Township, Franklin County, Pennsylvania. 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 The Township of Washington, Franklin County, Pennsylvania. http://www.ecode360.com/print/WA27653/28/2012 Township of Washington, PAPage 7 of 14 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). § 271-17. Right and privileges granted. The governing body is hereby authorized and empowered to undertake within the Township the control and methods of holding tank and privy use, sewage disposal and sewage collection and transportation thereof. § 271-18. Rules and regulations. The governing body is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purposes herein. § 271-19. Rules and regulations to be in conformity with applicable law. All such rules and regulations adopted by the governing body 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. § 271-20. Rates and charges. The governing body shall have the right and power to fix, 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. § 271-21. Exclusiveness of rights and privileges. A. The collection and transportation of all sewage from any improved property utilizing a holding tank or privy shall be done solely by or under the direction and control of the governing body, and the disposal thereof shall be made only at such site or sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania. B. The governing body will receive, review and retain pumping receipts from permitted holding tanks. C. The governing body will complete and retain annual inspection reports for each permitted tank. § 271-22. Condition of privy use. 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 http://www.ecode360.com/print/WA27653/28/2012 Township of Washington, PAPage 8 of 14 (Standards for Sewage Disposal Facilities) requirements as they may from time to time be amended 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 or 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 sites 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 governing body shall have the opportunity to inspect the privy for proper operation, maintenance and content disposal. § 271-23. Duties of improved property owner. The owner of an improved property that utilizes a holding tank or privy shall: A. Maintain the holding tank or privy in conformance with this or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the governing body and any administrative agency of the Commonwealth of Pennsylvania. B. Permit only the governing body or its agent to inspect holding tanks on an annual basis. C. Permit only the governing body or its agent to collect, transport and dispose of the contents within said holding tank or privy. D. Abandon the privy consistent with applicable public health and environmental standards or other appropriate 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. E. Permit the governing body to enter upon lands to inspect the privy for proper operation, maintenance and contents disposal. § 271-24. Violations and penalties. [Amended 11-16-2009 by Ord. No. 224] Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. The minimum fine to be imposed is $50 per day or portion thereof for a first offense; $100 per day or portion thereof for a second offense and $500 per day or portion thereof for each subsequent offense. The Magisterial District Judge may impose a fine of more than the minimum amounts set forth above. § 271-25. Abatement of nuisances. In addition to any other remedies provided in this article, any violation of § 271-23 above shall constitute a nuisance and shall be abated by the municipality or the governing body by either seeking http://www.ecode360.com/print/WA27653/28/2012 Township of Washington, PAPage 9 of 14 mitigation of the nuisance; by institution of a suit or suits in equity to restrain or prevent violations of the aforesaid sections; or by seeking a mandatory preliminary injunction under the applicable provisions of the Pennsylvania Sewage Facilities Act;or by Editor's Note: See 35 P.S. § 750.1 et seq. seeking other legal relief from a court of competent jurisdiction. Article IV. Pumping of On-Lot Sewage Disposal Septic Tanks [Adopted 3-2-1998 by Ord. No. 145] § 271-26. Purpose. The purpose of this article is to establish procedures for the pumping of improved property with on-lot septic systems once every three years and to declare that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the residents of Washington Township. § 271-27. Definitions. Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows: 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. DEP The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency. DISPOSAL RECEIPT Documentation (septic tank waste disposal slip) from a DEP or State of Maryland permitted sewage treatment plant also signed by the sewage hauler indicating the owner, location (house number), and date that an improved property's septic tank was pumped and properly disposed of. GOVERNING BODY The Supervisors of Washington 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 and from which structure sewage shall or may be discharged. MUNICIPALITY The Township of Washington, 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 and disposal; including both individual sewage systems and community sewage systems. 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 entity. PROCESSING WASTE WATER Any wastewater generated as a result of a commercial or industrial process/operation. http://www.ecode360.com/print/WA27653/28/2012 Township of Washington, PAPage 10 of 14 SEPTIC TANK The treatment tank in an on-lot sewage disposal system that provides for anaerobic decomposition of sewage prior to its discharge to an absorption area. SEWAGE Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings 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). SEWAGE HAULER A Washington Township Municipal Authority approved individual or company which has the capabilities to pump, haul, and properly dispose of septic tank sewage in a DEP or State of Maryland permitted sewage treatment plant and has a valid Washington Township Municipal Authority Hauled Wastewater Discharge (HWD) permit. WTMA Washington Township Municipal Authority. § 271-28. Rights and privileges granted. The governing body is hereby authorized and empowered to require within the Township a scheduled system of pumping of on-lot sewage disposal septic tanks and the proper disposal of settled sewage solids. § 271-29. Rules and regulations. The governing body is hereby authorized and empowered to adopt by resolution such rules and regulations concerning the pumping of on-lot sewage disposal septic tanks which it may deem necessary from time to time to effect the purposes herein. § 271-30. Conformity with applicable laws. All such rules and regulations adopted by the governing body shall be in conformity with the provisions herein, all other ordinances of the Township, and all applicable laws, and applicable rules and regulations or administrative agencies of the Commonwealth of Pennsylvania. § 271-31. Rates and charges. The governing body, by resolution, shall have the right and power to fix, charge and collect rates, assessments and other charges in the area served by on-lot disposal facilities at reasonable and uniform rates as authorized by applicable law. § 271-32. Exclusiveness of rights and privileges. A. The collection and transportation of all sewage from any improved property utilizing an on-lot disposal system shall be done under the direction of the governing body on a scheduled basis a minimum of once every three years, and the disposal thereof shall be made only at such site or sites as may be approved by DEP or the State of Maryland. The Washington Township Municipal Authority Wastewater Treatment Plant, at 7934 Lyons Road, shall be considered the primary disposal site for this sewage. Other DEP or State of Maryland approved treatment plants in the area may also be used. B. The scheduled pump-out of sewage solids shall be conducted on a rotating basis throughout the Township, with each owner required to have proof that their system has been pumped out a minimum of once every three years by providing a copy of the disposal receipt to the Township office. The owner shall be required to provide proof only if the sewage hauler fails to provide the disposal receipt as required by § 271-35A(5). http://www.ecode360.com/print/WA27653/28/2012 Township of Washington, PAPage 11 of 14 C. The required schedule of pump-outs for those improved properties which have been determined by the governing body to have malfunctioning on-lot sewage disposal systems shall begin immediately upon enactment of this article. D. The governing body will receive, review and retain pumping receipts for all improved properties with on-lot sewage disposal systems. § 271-33. Duties of improved property owner. The owner of an improved property that utilizes an on-lot sewage disposal system shall: A. Maintain the on-lot system in conformance with this or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the governing body and any administrative agency of the Commonwealth of Pennsylvania. B. Permit the governing body or its agent to inspect their on-lot sewage disposal systems as required to fulfill the requirements of this article. C. To have the septic tank of the on-lot sewage disposal system pumped once every three years by a sewage hauler as required by this article within the required time as specified on their notice-to-pump letter. Providing proof (receipt, cancelled check, etc.) to the Township of the pumping of the tank shall only be required if the sewage hauler fails to provide the disposal receipt as required by § 271-35A(5). D. Place a permanent marker in the ground above or adjacent to the septic tank lid (if lid is not extended to the ground surface) for ease of locating the opening for pumping purposes in the future. E. Upon the discontinuance of the use of a septic tank for sewage disposal for any reason, the owner thereof shall have the tank pumped and flushed by a sewage hauler and at the owner's option either physically removed from the premises or filled with soil and/or stone. § 271-34. Acceptable septic tank waste. A. Acceptable septic tank waste for disposal at a DEP or State of Maryland approved treatment plant shall include: (1) Normal domestic septic tank waste that receives only waste or wastewater from human or household operations. (2) Normal commercial septic tank waste used for domestic type waste only (no processing wastewater). (3) In general, all septic tank waste shall be nontoxic to the biological and physical/chemical treatment processes of the wastewater treatment plant being used and be biodegradable. B. It shall be a violation of this article for a sewage hauler or property owner to dispose of any of the following at a wastewater treatment plant: (1) Any 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) Grease removed from a grease trap at a restaurant. http://www.ecode360.com/print/WA27653/28/2012 Township of Washington, PAPage 12 of 14 § 271-35. Sewage haulers. A. The duties of a sewage hauler shall include: (1) Obtaining and maintaining at all times a valid hauled wastewater discharge permit from the WTMA. (2) Agreeing to abide by all WTMA and Commonwealth of Pennsylvania rules and regulations governing the proper pumping, hauling and disposal of sewage. (3) Maintaining at all times insurance coverage at levels (or higher) as required by the WTMA and to provide a certificate of insurance to the WTMA. (4) Dispose of all sewage collected in Washington Township at a DEP or State of Maryland approved facility. (5) Provide a copy of the disposal receipt for each property pumped to the governing body at least once a month. B. Violations of provisions of this article shall result in the Township recommending that the WTMA suspend the sewage hauler's hauled wastewater discharge permit or taking legal action as per § 271-36 of this article. § 271-36. Criminal and equity enforcement; violations and penalties. A. Criminal enforcement. Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. The minimum fine to be imposed is $50 per day or portion thereof for a first offense; $100 per day or portion thereof for a second offense and $500 per day or portion thereof for each subsequent offense. The Magisterial District Judge may impose a fine of more than the minimum amounts set forth above. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). B. Equity enforcement. In addition to the criminal penalties provided for in Subsection A above, this article may be enforced by an action in equity brought in the Court of Common Pleas of Franklin County to abate, mitigate, restrain or prevent violations of this article which constitute a nuisance. Any violation of § 271-33 of this article shall constitute a nuisance. § 271-37. Enforcement pursuant to Sewage Facilities Act. A. Fines, civil penalties and fees. (1) In addition to proceeding under any other remedy available at law or in equity for a violation of this article, the governing body, after notice and hearing, may assess a civil penalty against any person for such violation. The governing body may also assess the costs of damages caused by such violation and the cost of correcting such violation. Before assessing a civil penalty or such cost, the governing body shall provide the violator with a notice of proposed assessment which cites the violation of the ordinance, rule or regulation issued thereunder and offer to conduct an assessment hearing to evaluate the violation and the amount of the penalty or cost. The notice of proposed assessment shall contain an explanation of the right to a hearing and appeal. The governing body shall assign a representative to hold the assessment hearing. The assessment hearing shall not be governed by requirements for formal adjudicatory hearings and may be held at any time at the convenience of the parties. The civil penalty may be assessed whether or not http://www.ecode360.com/print/WA27653/28/2012 Township of Washington, PAPage 13 of 14 the violation was willful. The civil penalty assessed shall be not less than $300 and not more than $2,500 for each violation. In determining the amount of the penalty, the governing body shall consider: (a) Willfulness of the violation; (b) Damage to water, land or other natural resources or their uses, costs of restoration and abatement; (c) Savings resulting to the person inconsequence of the violation; (d) Deterrence of future violation; and (e) Other relevant factors. (2) If a person against whom costs or a civil penalty has been assessed after notice and hearing pursuant to this section fails to pay the assessed cost or penalty in full or to perfect an appeal de novo under this section within 30 days following assessment of a civil penalty, such failure to pay or perfect an appeal shall constitute a separate violation for which an additional civil penalty may be assessed pursuant to this section. Additional violations shall be deemed to occur and additional civil penalties may be assessed pursuant to this section each time a person fails to pay or perfect an appeal under this section. (3) When the governing body has assessed costs or a civil penalty pursuant to this section, the person assessed with the costs or civil penalty shall then have 30 days to pay the cost or penalty in full. If the person wishes to contest the penalty or the fact of the violation, the person shall have a right to an appeal de novo, pursuant to Section 16 of the Pennsylvania Sewage Facilities Act (35 P.S. § 750.16). The person shall forward the amount of the civil penalty to the governing body within the thirty-day period for placement in an escrow account with the state treasurer or any bank in this commonwealth, post an irrevocable letter of credit issued by a federal or commonwealth-chartered lending institution or post an appeal bond to the governing body assessing the civil penalty within such 30 days in the amount of the assessed civil penalty or such other amount as may be approved by a court of competent jurisdiction or the environmental hearing board. The bond must be executed by a surety licensed to do business in this commonwealth and in a form satisfactory to the governing body. If through administrative or final judicial review of the proposed assessed penalty it is determined that no violation occurred or that the amount of the penalty is reduced, the governing body shall, within 30 days, remit the appropriate amount to the person. Failure to make the required deposit in escrow or submit an irrevocable letter of credit or surety bond as provided shall result in a waiver of all legal rights to appeal the violation or the amount of the penalty. (4) In any case where the governing body determines that damage resulting from the violation is of a continuing nature, the governing body may impose a weekly assessment of not more than $2,500 per week for each week the violation continues unabated by the violator. The weekly assessment shall accrue indefinitely after the date of notice of the assessment to the violator. (5) Costs and civil penalties shall be payable to the governing body and shall be collectable in any manner provided by law for the collection of debts. If any person liable to pay these costs or penalty neglects or refuses to pay the same after demand, the amount of the cost or civil penalty, together with interest and any cost that may accrue, shall constitute a judgment in favor of the governing body assessed upon the real property of the person from the date it has been entered and docketed on record by the prothonotary of the county where such is situated. http://www.ecode360.com/print/WA27653/28/2012 Township of Washington, PAPage 14 of 14 B. Equity enforcement. A violation of Section 7 of the Pennsylvania Sewage Facilities Act or the discharge of untreated or partially treated sewage to Editor's Note: See 35 P.S. § 750.7. the surface of the ground or into the waters of this commonwealth except as specifically approved by the Department under Section 202 and 207 of the Clean Streams Law, Editor's or permitted by the governing body Note: See 35 P.S. §§ 691.202 and 691.207, respectively. pursuant to Section 7.3 of the Pennsylvania Sewage Facilities Act, shall constitute a nuisance and shall be abatable in manner provided by law. http://www.ecode360.com/print/WA27653/28/2012