Part 1
Onlot Sewage Disposal
A. Permitting of All Onlot Sewage Disposal Systems
§18-101 Short Title, Statutory Basis, Purpose.
1. This Part shall be known as the “Wolf Township Onlot Sewage Disposal System Permit Ordinance.”
2. This Part is adopted pursuant to §7(a)(1) of the Pennsylvania Sewage Facilities Act, as amended, 35 P.S. §750.7(a)(1).
3. The purpose of this Part is to provide for the permitting of all onlot sewage disposal systems within the Township in accordance with the standards and regulations of 25 Pa.Code, Chapters 72 and 73, including those systems otherwise eligible for an exemption from the permitting requirements of the Act, as authorized by §7(a)(1) of the Act, 35 P.S. §750.7(a)(1).
(Ord. 95-11-13-1, 11/13/1995, §1)
§18-102 Permit Requirement.
1. From and after the effective date of this Part, all persons proposing to install an onlot 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 §7(a)(1) of the Act, 35 P.S. §750.7(a)(1), shall apply to the Township for a permit for the installation of such system.
2. No person shall install or commence construction of any onlot 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.
(Ord. 95-11-13-1, 11/13/1995, §2)
§18-103 Enforcement.
1. Any person violating any of the provisions of this Part shall be subject to the civil and criminal penalties authorized pursuant to §§13 and 13.1 of the Act, as amended, 35 P.S. §§750.13, 750.13.1.
2. In addition to the penalties for non-compliance set forth in subsection .1 above, it is further provided that all of the civil and equitable remedies set forth in §§12, 14 and 15 of the Act, 35 P.S. §§750.12, 750.14 and 750.15, as amended, shall be applicable to violations of this Part.
(Ord. 95-11-13-1, 11/13/1995, §3)
B. Municipal Management of Onlot Subsurface Sewage Disposal Facilities
§18-111 Short Title; Introduction; Purpose.
1. This Part shall be known and may be cited as “A Sewage Management Program for the Township of Wolf.”
2. As mandated by the municipal codes, the Clean Streams Law (35 P.S. §691.1 to 691.1001), and the Pennsylvania Sewage Facilities Act (Act of January 24, 1966, P.L. 1535 as amended, 35 P.S. §750.1 et seq., known as Act 537), municipalities have the power and the duty to provide for adequate sewage treatment facilities and for the protection of the public health by preventing the discharge of untreated or inadequately treated sewage. The Official Sewage Facilities Plan for Wolf Township indicates that it is necessary to formulate and implement a sewage management program to effectively prevent and abate water pollution and hazards to the public health caused by improper treatment and disposal of sewage.
3. The purpose of this Part is to provide for the inspection, maintenance and rehabilitation of onlot sewage disposal systems; to further permit the Township to intervene in situations which are public nuisances or hazards to the public health; and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program.
(Ord. 91-04-15, 4/15/1991, §1)
§18-112 Definitions.
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 Township to function within specified limits as the agent of the Township to carry out the provisions of this Part.
Board - the Board of Supervisors, Wolf Township, Lycoming County, Pennsylvania.
Codes Enforcement Officer (CEO) - an individual employed by the Township to administer and enforce other ordinances in the Township.
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 Protection of the Commonwealth of Pennsylvania (DEP). [2004-1]
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 - the condition which occurs when an onlot sewage disposal system discharges sewage onto the surface of the ground, into ground waters of this Commonwealth, into surface waters of this Commonwealth, backs up into building connected to the system or otherwise causes a nuisance hazard to the public health or pollution of ground or surface water or contamination of public or private drinking water wells. Systems shall be considered to be malfunctioning if any of the conditions noted above occur for any length of time during any period of the year.
Township - Wolf Township, Lycoming County, Pennsylvania.
Official Sewage Facilities Plan - a comprehensive plan for the provision of adequate sewage disposal systems, adopted by the Township and approved by the Pennsylvania Department of Environmental Protection, as described in and required by the Pennsylvania Sewage Facilities Act. [Ord. 2004-1]
Onlot 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.
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, Township, 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 public or private corporation for profit or not for profit.
Rehabilitation - work done to modify, alter, repair, enlarge or replace an existing onlot 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 onlot 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 any 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), as known as the “Clean Streams Law,” as amended, 35 P.S. §691.101 et seq.
Sewage Enforcement Officer (SEO) - the official of the local agency who issues and reviews permit applications and conducts such investigations and inspection as are necessary to implement Act 537 and the rules and regulations promulgated thereunder.
Sewage Management District - any area or areas of a Township for which a sewage management program is recommended by the Township’s adopted Act 537 Official Sewage Facilities Plan. A sewage management district may encompass the entire Township.
Sewage Management Program - a comprehensive set of legal and administrative requirements encompassing the requirements of this Part and other administrative requirements adopted by the Township to effectively enforce and administer this Part.
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.
(Ord. 91-04-15, 4/15/1991, §2; as amended by Ord. 2004-1, 3/8/2004)
§18-113 Applicability.
From the effective date of this Part, its provisions shall apply throughout the entire Township.
(Ord. 91-04-15, 4/15/1991, §3)
§18-114 Permit Requirements.
1. No person shall install, construct, 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 or community sewage system is to be installed without first obtaining a permit indicating that the site and the plans and specifications of such system are in compliance with the provisions of the Pennsylvania Sewage Facilities Act, 35 P.S. §750.1 et seq., and the standards adopted pursuant to that Act.
2. No system or structure designed to provide individual or community sewage disposal shall be covered from view until approval to cover the same has been given by the municipal sewage enforcement officer. If 72 hours have elapsed, excepting Sundays and holidays, since the sewage enforcement officer issuing the permit physically received written notification of completion of construction, the applicant may cover said system or structure unless permission has been specifically refused by the sewage enforcement officer. Notification made by mail shall be considered to have been received only at such time as the written notification is actually physically received by the sewage enforcement officer.
3. The Township may require applicants for sewage permits to notify the Township’s certified sewage enforcement officer of the schedule for construction of the permitted onlot sewage disposal system so that inspections, in addition to the final inspection required by Act 537 may be scheduled and performed by the Township’s certified sewage enforcement officer.
4. No building or occupancy permit shall be issued by the Township 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 Township’s certified sewage enforcement officer.
5. 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 Township’s codes enforcement officer and the structure’s owner receive from the Township’s sewage enforcement officer either a permit for alteration or replacement of the existing sewage disposal system or written notification that such a 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.
6. Sewage permits may be issued only by a certified sewage enforcement officer employed by the Township for that express purpose. The Department of Environmental Protection shall be notified by the Township as to the identity of their currently employed certified sewage enforcement officer. [Ord. 2004-1]
(Ord. 91-04-15, 4/15/1991, §4; as amended by Ord. 2004-1, 3/8/2004)
§18-115 Inspections.
1. Any onlot sewage disposal system may be inspected by the Township’s authorized agent at any reasonable time as of the effective date of this Part.
2. The inspection may include a physical tour of the property, the taking of samples from surface water, wells, other ground water 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.
3. The Township’s authorized agent shall have the right to enter upon land for the purposes of inspections described above.
4. A schedule of routine inspections may be established by the Township if necessary to assure the proper function of the systems in the sewage management district.
5. The Township and its authorized agent may inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the Township and its authorized agent may 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 Protection, then action by the property owner to mitigate the malfunction may be required. [Ord. 2004-1]
6. There may raise geographic areas within the Township where numerous onlot sewage disposal systems are malfunctioning. A resolution of these area wide problems may necessitate detailed planning and a municipally sponsored revision to that area’s Act 537 Official Sewage Facilities Plan. When a DEP authorized Official Sewage Facilities Plan Revision has been undertaken by the Township, mandatory repair or replacement of individual malfunctioning sewage disposal systems within the study area may be delayed, at the discretion of the Township, pending the outcome of the plan revision process. However, the Township may compel immediate corrective action whenever a malfunction, as determined by Township officials and the Pennsylvania DEP, represents a serious public health or environmental threat. [Ord. 2004-1]
(Ord. 91-04-15, 4/15/1991, §6; as amended by Ord. 2004-1, 3/8/2004)
§18-116 Operation.
1. Only normal domestic wastes shall be discharged into any onlot sewage disposal system. The following shall not be discharged into the system.
A. Industrial waste.
B. Automobile oil and other non-domestic oil.
C. Toxic or hazardous substances or chemicals, including but not limited to, pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and other solvents.
D. Clean surface or ground water, including water from roof or cellar drains, springs, basement sump pumps and french drains.
(Ord. 91-04-15, 4/15/1991, §7)
§18-117 Maintenance.
1. A program of regular pumping of onlot sewage disposal systems is hereby established. In order to implement this program, any person owning a building served by an onlot sewage disposal system which contains a septic tank shall have the septic tank pumped by a qualified pumper/hauler in accordance with the following schedule:
A. Any onlot sewage disposal system that has not been pumped out for over 7 years as of the effective date of this Part shall be pumped out within 1 year of the effective date of this Part.
B. Any onlot sewage disposal system that has not been pumped out for over 3 years as of the effective date of this Part shall be pumped out within 2 years of the effective date of this Part.
C. Any onlot sewage disposal system that has not been pumped out for over 1 year as of the effective date of this Part shall be pumped out within 3 years of the effective date of this Part.
D. After the initial pumping of an onlot sewage disposal system pursuant to the terms of this Part, the person owning a building served by an onlot sewage disposal system which contains a septic tank shall have the septic tank pumped by a qualified pumper/hauler at least once every 3 years, or whenever an inspection program reveals the treatment tank to be filled with solids in excess of 1/3 of the liquid depth of the tank or with scum in excess of 1/3 of the liquid depth of the tank, whichever shall occur sooner. Receipts from the pumper/hauler shall be submitted to the Township within the prescribed pumping periods.
2. The required pumping frequency may be increased at the discretion of the authorized agent if the septic tank is undersized, if solids buildup in the tank is above average, if the hydraulic load on the system increases significantly above average, if a garbage grinder is used in the building, if the system malfunctions or for other good cause shown.
3. 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 Township, 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 Township’s certified sewage enforcement officer for approval of the necessary repair.
4. Any person owning a building serviced by an onlot sewage disposal system which contains an aerobic treatment tank shall follow the operation and maintenance recommendations of the equipment manufacturer. Aerobic tanks used in spray irrigation systems shall have a current National Sanitation Foundation certification or equivalent laboratory certification. A copy of the certification, manufacturer’s recommendations and a copy of the service agreement shall be submitted to the Township with the septic permit. Thereafter, service receipts shall be submitted to the Township within 30 days after each annual anniversary of the permit date. In no case may the service or pumping intervals for aerobic treatment tanks exceed those required for septic tanks.
5. 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.
6. The Township may require additional maintenance activity as needed including, but not necessarily limited to, cleaning and unclogging of piping, servicing and the repair of mechanical equipment, leveling of distribution boxes, tanks and lines, removal of obstructing roots or trees, the diversion of surface water away from the disposal area, etc.
(Ord. 91-04-15, 4/15/1991, §8; as amended by Ord. 2018-02, 9/10/2018, §1(B))
§18-118 System Rehabilitation.
1. No person shall operate and maintain an onlot 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 Protection. [Ord. 2004-1]
2. The Township shall issue a written notice of violation to any person who is the owner of a property in the Township which is found to be served by a malfunctioning onlot sewage disposal system or which is discharging raw or partially treated sewage without a permit.
3. Within 7 days of notification by the Township that a malfunction has been identified, the property owner shall make application to the Township’s certified sewage enforcement officer for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the Township, construction of the permitted repair or replacement shall commence. Within 60 days of the original notification by the Township, the construction shall be completed unless seasonal or longer period, in which case extended completion date.
4. The Township’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, other alternatives as appropriate for the specified site.
5. In lieu of, or in combination with, the remedies described in subsection .4 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 facilities may be limited to one load per day or discontinued altogether, etc.
6. In the event that the rehabilitation measures in subsections .1 through .5 are not feasible or do not prove effective, the Township may require the owner to apply to the Pennsylvania Department of Environmental Protection 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. [Ord. 2004-1]
7. Should none of the remedies described above prove totally effective in eliminating the malfunction of an existing onlot sewage disposal system, the property owner is not absolved of responsibility for that malfunction. The Township may require whatever action is necessary to lessen or mitigate the malfunction to the extent that it feels necessary.
(Ord. 91-04-15, 4/15/1991, §9; as amended by Ord. 2004-1, 3/8/2004)
§18-119 Liens.
The Township, 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 onlot sewage disposal system as provided under the terms of this Part, shall have the authority to perform or contract to have performed, the work required by the certified sewage enforcement officer. The owner shall be charged for the work performed and, if necessary, a lien shall be entered therefore in accordance with law.
(Ord. 91-04-15, 4/15/1991, §10; as amended by Ord. 2004-1, 3/8/2004)
§18-120 Disposal of Septage.
1. All septage originating within the municipal sewage management district shall be disposed of at sites or facilities approved by the Pennsylvania Department of Environmental Protection. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farm lands. [Ord. 2004-1]
2. Septage of pumper/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 –6018.1003.
(Ord. 91-04-15, 4/15/1991, §11; as amended by Ord. 2004-1, 3/8/2004)
§18-121 Administration.
1. The Township may fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this Part.
2. The Township shall employ qualified individuals to carry out the provision of this Part. Those employees shall include a certified sewage enforcement officer and may include a codes enforcement officer, secretary, administrator or other persons as required. The Township may also contract with private qualified persons or firms as necessary to carry out the provisions of this Part.
3. All permits, records, reports, files and other written material relating to the installation, operation and maintenance and malfunction of onlot sewage disposal systems in the sewage management district shall become the property of the Township. Existing and future records shall be available for public inspection during required business hours at the official municipal office. All records pertaining to sewage permits, building permits, occupancy permits and all other aspects of the Township’s sewage management program shall be made available, upon request, for inspection by representatives of the Pennsylvania Department of Environmental Protection. [Ord. 2004-1]
4. The Wolf Township Board of Supervisors shall establish all administrative procedures necessary to properly carry out the provisions of this Part.
5. The Wolf Township Board of Supervisors may establish a fee schedule, and subsequently collect fees, to cover the cost to the Township of administering this program.
(Ord. 91-04-15, 4/15/1991, §12; as amended by Ord. 2004-1, 3/8/2004)
§18-122 Appeals.
1. Appeals from the decisions of the Township or its authorized agents under this Part shall be made to the Board of Supervisors in writing within 30 days from the date of the decision in question.
2. 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 Township shall thereafter affirm, modify, or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the Township. Additional evidence may be introduced at the hearing provided that it is submitted with the written notice of appeal.
3. 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 relief sought by the appellant shall be deemed granted.
(Ord. 91-04-15, 4/15/1991, §13)
§18-123 Penalties.
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense
(Ord. 91-04-15, 4/15/1991, §14; as amended by Ord. 2004-1, 3/8/2004)