Sewage
Facilities
Ordinance
Dingman
Township
Pike
County,
Pennsylvania
AN
ORDINANCE
ESTABLISHING
PROCEDURES
AND
STANDARDS
FOR THE
CONSTRUCTION,
OPERATION,
MAINTENANCE
OF
SEWAGE
DISPOSAL
FACILITIES
FOR
INDIVIDUAL
AND
COMMUNITY
SUBSURFACE
DISPOSAL,
LAND
APPLICATION
SYSTEMS
AND
SEWAGE
TREATMENT
PLANTS;
REQUIRING
PERMITS
FOR
CONSTRUCTION
OF
SAME;
AUTHORIZING
TOWNSHIP
INSPECTIONS;
SETTING
OPERATIONAL,
MAINTENANCE,
RECORD
KEEPING
AND
REPORTING
REQUIREMENTS;
AND
ESTABLISHING
PENALTIES
FOR
VIOLATIONS
OF ANY
ORDINANCE
PROVISIONS.
Purpose
and
Authority
The
purpose
of this
Ordinance
is to
establish
procedures
and
standards
for
issuing
applications
and
permits
for the
enforcement
of the
Pennsylvania
Sewage
Facilities
Act of
1966 and
Act 208
of 1974
and
amendments
thereto.
This
Ordinance
also
establishes
monitoring,
reporting
and
inspection
procedures
for any
community
sewage
treatment
plant or
system
including
collection,
conveyance
and
treatment
facilities.
This
Ordinance
is
adopted
pursuant
to the
authority
of the
Pennsylvania
Sewage
Facilities
Act, the
Pennsylvania
Clean
Streams
Act, the
Pennsylvania
Second
Class
Township
Code.
Scope
All
persons
installing
an
individual
or
community
sewage
disposal
system
or
making
connection
to any
community
sewage
disposal
system
shall
first
obtain a
permit
which
certifies
that the
site,
plan,
and
specifications
of such
systems
are in
compliance
with the
Pennsylvania
Sewage
Facilities
Act of
1966 and
amendments
thereto
as well
as all
other
rules
and
regulations
adopted
pursuant
to the
Act and
the
provisions
of this
Ordinance
and all
other
applicable
ordinances
and
regulations
of the
Township
of
Dingman.
No
existing
home,
building
or
structure
shall be
occupied
or
inhabited
or its
sewage
system
used
until
final
approval
of the
same in
accordance
with the
provisions
of this
Ordinance
shall
have
been
granted.
No
existing
building
or use
within
the
Township
may be
expanded
or
converted
to
another
use
which
would
generate
increased
sewage
flows
unless
and
until
the
owner of
said
property
shall
verify
the
capacity
of the
system,
including
the size
of the
field
and
tank; or
the
capacity
of the
community
system
to which
connection
is
proposed.
Such
verification
may be
in the
form of
a
certification
made by
a
Registered
Professional
Engineer,
and all
expenses
of said
verification
shall be
the
responsibility
of the
property
owner.
Definitions
"Act"
shall
mean the
Pennsylvania
Sewage
Facilities
Act, as
amended.
"Applicant"
shall
mean the
present
property
owner of
record,
or his
agent as
provided
in
accord
with the
Department
of
Environmental
Protection
regulations.
"DEP"
shall
mean the
Commonwealth
of
Pennsylvania
Department
of
Environmental
Protection.
"Individual
Residential
Spray
Irrigation
Systems"
shall
mean
sewage
systems
for
detached
single
family
homes
constructed
upon
individual
residential
lots
which
employ
the use
of spray
irrigation
pursuant
to
regulations
adopted
by DEP.
"SEO"
shall
mean the
Sewage
Enforcement
Officer
of
Dingman
Township.
"Waters
of this
Commonwealth"
shall
mean
rivers,
streams,
creeks,
rivulets,
impoundments,
ditches,
water
courses,
storm
sewers,
lakes,
dammed
water,
ponds,
springs,
and
other
bodies
or
channels
of
conveyance
of
surface
and
underground
water,
or any
of their
parts,
whether
natural
or
artificial
within
or on
the
boundaries
of this
Commonwealth.
Other
terms
shall
have the
meaning
given
them by
the
Pennsylvania
Sewage
Facilities
Act and
its
implementing
Commonwealth
regulations.
Sewage
Enforcement
Officer
The
Dingman
Township
Board of
Supervisors
shall
appoint
a Sewage
Enforcement
Officer
who
shall be
charged
with the
responsibility
of
administering
the
provisions
of the
Sewage
Facilities
Act and
this
Ordinance
within
the
Township.
Such
Officer
shall
meet the
minimum
qualifications
as
established
by the
Department
and
abide by
the
requirements
of
Chapter
72,
Section
72.41 of
the
Department
Rules
and
Regulations
and the
following:
A.
Restricted
Activities:
The SEO
shall
not be
in the
business
of
planning,
designing,
selling
or
installing
individual
or
community
sewage
systems
in
Dingman
Township.
[DEP,
Ch. 72,
Sec.
72.41,
(f)]
B.
Compensation:
The SEO
shall
not
accept
any fee
for
services
or work
performed
in the
administration
of the
Act
other
than the
compensation
set by
the
Dingman
Township
Board of
Supervisors.
C.
Financial
Interest:
The SEO
shall
not
conduct
a test
or issue
any
permit
for an
individual
or
community
sewage
system
for any
parcel
in which
he has a
financial
interest,
or in
which a
relative
by blood
or
marriage
has a
financial
interest
or in
which
his
employer
or his
business
partners
(except
the
Township)
have a
financial
interest
unless
written
permission
has been
obtained
in
advance
from
DEP.
[DEP,
Ch. 72,
Sec.
72.41
(g) and
(h) ]
D.
Testing:
Before
issuing
a
permit,
the SEO
shall
either
observe,
conduct
personally,
or
otherwise
confirm
in a
manner
approved
by DEP,
all
tests
used to
determine
the
suitability
of a
site for
an
individual
or
community
sewage
system.
E.
Notice: The
SEO
shall
give
notice
to all
applicants
or
permittees
of any
approval,
denial,
or
revocation
of a
permit
in
accordance
with
this
Ordinance
and DEP
Rules
and
Regulations.
F.
Records: The
SEO
shall
maintain
full and
complete
records
of all
permits,
sewage
system
designs,
and
malfunctions
including
all
information
used by
him in
determining
the
cause of
the
malfunction.
The SEO
shall
maintain
the
records
so that
patterns
of
malfunctions
can be
readily
identified.
Individual
Subsurface
Sewage
Disposal
Systems
A.
Procedures:
Applications
for
permits
to
install
individual
sewage
disposal
systems
shall be
made on
forms
supplied
by the
Township.
1.
Part I
of the
application
shall be
completed
by the
Applicant.
2.
Upon the
completion
of the
necessary
testing,
and the
design
of a
sewage
disposal
system
based on
said
testing,
the
Applicant
shall
complete
and
submit
to the
SEO the
application,
design,
and
other
documentation
required
to
obtain
the
permit.
3.
All
costs
associated
with
preparing
for and
conducting
any
tests
required
by the
Township
shall be
borne by
the
Applicant.
4.
Any and
all
applications
for
systems
which,
pursuant
to
Township
or State
Regulations,
must
include
a system
design
shall
also be
accompanied
by an
affidavit
in the
form
hereinafter
described
and as
provided
by the
Township.
No
permit
may be
granted
unless
the
requirements
of the
affidavit
are
met.
Failure
to
provide
such an
affidavit
shall be
a basis
for
rejection
or
disapproval
of the
application.
AFFIDAVIT
I, the
undersigned,
hereby
represent
to
Dingman
Township
and the
Dingman
Township
Sewage
Enforcement
Officer
that:
1. I have
been
certified
by the
Pennsylvania DEP as a
Sewage
Enforcement
Officer
or I
am a
Pennsylvania
Licensed
Professional
Engineer
or
Registered
Surveyor
qualified
to
design
systems
for
sewage
disposal;
and,
2. My
certification
or
license
is not
presently
subject
to a
revocation
or
suspension
procedure;
and,
3. The
attached
design
is in
accordance
with the
appropriate
regulations
of DEP;
and,
4. An
inspection
of the
site has
been
performed
and the
location
and
design
of the
system
meets
all DEP
requirements
for site
location,
isolation
distances,
soil
tests,
percolation
tests,
absorption
areas,
sewage
flows
and any
other
applicable
standards
of the
DEP.
Except
for the
following:
____________________________________________________________
____
____________________________________________________________
____
____________________________________________________________
____
____________________________________________________________
____
This
affidavit
is made
to
induce
Dingman
Township
and the
Dingman
Township SEO to
issue
a permit
in
accordance
with the
design
submitted
by me.
It is
made
based
upon the
knowledge,
information
and
belief
of the
affiant.
SWORN TO
AND
SUBSCRIBED
before
me this
_______
day
of
___________________
_____________________
Notary
Public
5. (1)
The
Applicant
shall
provide
information
concerning
the
component
parts of
the
sewage
disposal
system,
and
their
proposed
location,
in
accordance
with the
rules
and
regulations
of the
Sewage
Facilities
Act of
1966
(P.L.
1535)
and Act
208
(S.B.
1550) of
1974 and
amendments
thereto,
the
regulations
promulgated
thereunder,
and the
requirements
of this
ordinance.
(2)
In the
event
that the
Applicant
is not a
natural
person
but
rather
is a
corporation,
partnership,
LLC or
some
other
entity,
the
Applicant
shall
supply
the
Township,
at the
time of
application,
with a
Certificate
of
Incumbency
on forms
provided
by the
Township.
6.
All
applications
filed
under
this
Section
V shall
be
accompanied
by a
plot
plan
drawn to
scale
and
legible
in every
detail
which
shall
show all
lot
boundary
lines,
and all
existing
and
proposed
wells on
the
subject
lot
and/or
on other
lots or
parcels
that are
within
one-hundred
fifty
(150)
feet of
the
proposed
system.
In the
case
where
the
subject
lot is
less
than one
(1) acre
in size,
said
plot
plan
shall be
a survey
drawn
and
certified
by a
Surveyor
licensed
in the
Commonwealth
of
Pennsylvania
or a
Professional
Engineer
licensed
in the
Commonwealth
of
Pennsylvania.
The
applicant
shall
have the
burden
of
determining
the
location
of wells
and
other
features
on other
lots as
described
herein,
and the
Township
shall
make its
files
available
for
inspection
for this
purpose.
The
Township
SEO may
rely
upon the
accuracy
of the
plot
plan or
survey,
as the
case may
be, for
all
purposes
described
herein.
In the
event
that
subsequent
investigation
of
information
received
subsequent
to the
issuance
of the
permit
reveals
inaccuracies
or
omissions
in the
plot
plan or
survey
this
shall be
an
adequate
basis
for
revocation
of any
permit
issued
in
reliance
on the
accuracy
of that
plot
plan or
survey.
Such
revocation
may be
issued
without
prior
notice
to the
applicant
or the
applicant's
agents.
All
applications
for lots
one (1)
acre and
larger
shall be
accompanied
by a
signed
affidavit
as set
forth
below.
Affidavit
Commonwealth of
Pennsylvania
County of Pike
I, or someone in
my employ, has
marked the
property
boundaries
and the location
of the
amenities/facilities to be
constructed and
existing on the
subject
property;
And, neither I
nor the person
who marked the
property's
boundaries and
facilities/amenities
is a
Pennsylvania
Registered Land
Surveyor;
And, that the
markings are
accurate to the
best of my
ability and
knowledge,
information, and
belief;
And, that a
property
boundary map
showing the
existing and
proposed
facilities/amenities
has been
prepared based
on said
markings;
And, the
property
boundary map
with existing
and proposed
amenities/facilities/water
wells is being
submitted by me
to induce
Dingman Township
and the
appropriate
Dingman Township
personnel to
issue permits in
accordance with
the property map
submitted by me.
____________________
_____________________
Signature
of
Affiant
Printed
Name of
Affiant
Property
Location:
____________________________________
Sworn
and
Subscribed
Before
Me This
_______
Day of
______
202____
Notary
Public
This
section
shall
not
apply to
repairs,
component
replacements,
or
modifications
to
existing
sewage
disposal
systems
in which
the
repaired,
replaced,
or added
component
is
installed
in the
same
location
as the
previous
component
or does
not
otherwise
violate
the
required
set
backs
from
water
wells
nor
shall it
apply to
permits
issued
for
placement
of
portable
chemical
toilets.
7.
Acceptance
of an
application
shall be
effective,
for
purposes
of this
ordinance
and for
purposes
of state
regulations,
on the
date on
which it
is
received
if
received
during
the
established
office
hours of
the
SEO. If
it is
received
at a
time
other
than
during
those
established
office
hours,
the
application
shall be
considered
received
on the
next day
upon
which
the SEO
has
established
office
hours.
The SEO
shall
have
established
office
hours at
least
five (5)
days per
week.
B.
Isolation
Distance:
No
sewage
system
component
shall be
located
or
placed
less
than the
mandatory
isolation
distance
specified
in the
Sewage
Facilities
Act
regulations
from any
existing
well, or
any proposed
well as
permitted
by a
valid
Dingman
Township
Well
Permit,
located
on the
subject
parcel
or on
any
adjoining
or
neighboring
parcel.
(See
also
Section
V, J of
this
Ordinance).
Applications
for
exception
to this
requirement
for
sewage
disposal
systems
and
wells on
the same
lot
filed
with the
Township
pursuant
to
Section
8.f of
the
Sewage
Facilities
Act
shall be
in
writing
and
shall
include,
at a
minimum:
(1) a
survey
of the
subject
premises
indicating
the
existing
and
proposed well(s)
on both
the
subject
and
neighboring
properties and
the proposed
septic
system;
(2) a
ground
water
report,
signed
and
sealed
by a
qualified
PA
licensed
professional
engineer,
or a
qualified
PA
registered
professional
geologist,
which
states
that the
proposed
sewage
system
does not
pose a
threat
of
pollution
to any
well(s)
on the
subject
lot. In
addition
to the
above
requirements,
the
report
shall
include
all
information
required
by DEP
regulations
for such
an
application
as well
as any
other
such
information
as may
be
reasonably
necessary
for and
requested
by the
Township
to
evaluate
the
application;
(3)
such
application
fee as
may be
adopted
by the
governing
body by
resolution;
(4) a
deposit,
in an
amount
set by
the
governing
body by
resolution,
to cover
the cost
of
review
of the
application
by
professional
consultants
of the
Township.
C.
Site
Preparation:
It shall
be the
responsibility
of the
applicant
to have
the site
prepared
for
inspection
including
any
digging
of test
pits or
percolation
test
holes
required
by
Chapter
73 of
the
Department's
Rules
and
Regulations.
It shall
also be
the
responsibility
of the
applicant
to
provide
any
technical
personnel
that may
be
required
including,
but not
limited
to,
percolation
test
technicians,
soil
scientists,
or
engineers
as may
be
required
for the
specific
application. The SEO
shall
have the
authority,
however,
to
refuse
to
accept
the
results
of tests
performed
during
unsuitable
weather
or when
site
conditions
are such
that the
test
results
will not
be
indicative
of the
normal
soil
capacity
to
renovate
wastewater
(eg.,
during
times of
dry or
drought
conditions).
D.
Validity:
The
construction
and
installation
of both
the
sewage
disposal
system
AND
of any
building
or
structure
for
which
such
system
is to be
installed
shall be
initiated
within
three
(3)
years
from the
date of
issuance
of the
subject
permit.
If
construction
or
installation
of an
individual
or
community
sewage
disposal
system
AND
of any
building
or
structure
for
which
such
system
is to be
installed
has not
commenced
within
three
(3)
years
after
the
issuance
of a
permit
for such
system,
said
permit
shall
expire,
and a
new
permit
shall be
obtained
prior to
the
commencement
of said
construction
or
installation.
For
purposes
of this
section,
building
or
structure
construction
shall
not be
considered
initiated
until
such
time
as the
foundation
has been
completed
and
approved
by the
Township
Building
Inspector;
and
sewage
system
construction
shall
not be
considered
initiated
until
such
time as
the
treatment
tank has
been
installed
and the
laterals
have
been
approved
by the
SEO for
covering.
E.
Covering:
Except
as
otherwise
provided
by the
Act or
DEP
Rules
and
Regulations,
no part
of the
installation
shall be
covered
until
inspected
and
approved
by the
SEO.
F.
DEP
Approval:
With the
exception
of
alternate
systems
types
that DEP
has
granted
the SEO
permission
to issue
without
Department
review,
any
application
for any
individual
sewage
disposal
system
which
either
requires
approval
of the
Department
or is an
alternate
or an
experimental
system
shall
receive
the
concurrence
of the
Department
in
writing
prior
to the
issuance
of a
permit
by the
SEO.
G.
Sewage
Planning:
No
permits
shall be
issued
for any
lots,
tracts,
parcels
or
projects
which,
according
to DEP
Rules
and
Regulations,
require
sewage
planning
documents
associated
with the
Dingman
Township
Official
Wastewater
Facilities
Plan
unless
and
until
such
documents
have
been
reviewed
by the
Township
Planning
Commission
and have
been
approved
by the
Township
Board
of
Supervisors
and
DEP. This
shall
include:
1) all
land
subdivisions;
2) all
residential
land
developments
as
defined
by the
PA
Municipalities
Planning
Code, as
amended;
3) all
community
systems;
and, 4)
all
systems
with a
design
flow of
eight
hundred
(800) or
more
gallons
per
day.
The SEO
shall
have the
authority,
however,
to
refuse
to
accept
the
results
of tests
performed
during
inclement
weather
or when
site
conditions
are such
that the
test
results
will not
be indicative
of the
normal
soil
capacity
to
renovate
wastewater.
H.
Approval:
Within
seven
(7) days
of the
Applicant's
compliance
with the
procedures
set
forth in
this
Ordinance
and the
Applicant's
submission
of the
completed
application and all
other
required
information,
the SEO
shall
issue, deny
or
return the
application
for
correction
or
amendment.
If the
said
application
is
approved,
the SEO
shall
issue
a
permit
and
forward
same to
the
Applicant.
Applications
returned
for
corrections
or
amendment
shall be
issued,
denied
or
returned
for
further
corrections
and/or
amendment
within
fifteen
(15)
days of
resubmission. If the
application
is
denied,
the
applicant
shall be
so
notified
in
writing
within
seven
(7) days
of the
SEO's
denial.
I.
Engineering:
All
Applicants
whose
systems,
which
according
to the
provisions
of Act
208
(S.B.
1550) of
1974 and
amendments
thereto,
require
that the
design
and
construction
be
supervised
by a
Professional
Engineer,
shall
pay all
costs
directly
to the
engineer
retained
by the
Applicant.
J.
Standards
For
Subsurface
Systems:
Unless
otherwise
provided
for
herein,
the
applicable
standards
shall be
those
setforth
in the
Regulations
of the
Commonwealth
of
Pennsylvania
Department
of
Environmental
Protection.
The
Township
Board of
Supervisors,
however
may
publish
additional
rules
and
regulations
not
inconsistent
with the
Department's
Regulations
including
but not
limited
to
supplemental
standards
for
equipment
and
lateral
connections
to
private
collection
systems.
(1)
Whenever
an
on-lot
individual
subsurface
sewage
system
employs
the use
of
septic
tanks,
the
minimum
number
of tanks
or
compartments
within a
tank(s)
shall be
two
(2).
The
first
tank or
compartment
shall
not be
less
than One
Thousand
(1,000)
Gallons
of
internal
capacity.
All
subsequent
tanks or compartments
shall be
a
minimum
of Five
Hundred
(500)
Gallons
of
internal
capacity.
(2)
Whenever
DEP or a
sewage
component
manufacturer
requires
that the
property
owner
enter
into an
Operation
and
Maintenance
agreement
for the
inspection,
maintenance,
and/or
servicing
of the
particular
sewage
system
type or
component
thereof,
the
permit
shall be
issued
contingent
on the
property
owner
entering
into
such
agreement
with the
manufacturer's
representative
or other
approved
party,
as
appropriate.
The
agreement
shall be
binding
on all
future
property
owners
until
such
time as
the
system
or
component
is no
longer
servicing
the
property.
Utilization
of the
sewage
system
or any
structure
in which
it
serves
without
a valid
agreement
for the
system
or
subject
component
shall be
a
violation
of this
ordinance.
K.
Exceptions:
All
installations
of
subsurface
sewage
disposal
systems
must
comply
with the
provisions
of this
Ordinance.
There
are no
exceptions,
including
rural
residences
as
defined
in (S.B.
1500),
Act 208
and
amendments
thereto.
Community
Subsurface
Systems
A.
Requirements:
A
community
subsurface
system
is any
subsurface
wastewater
disposal
system
which
serves
two or
more
buildings
or
dwelling
units.
Such
systems
shall be
subject
to the
same
requirements
of this
Ordinance
as
individual
subsurface
wastewater
disposal
systems
including
the
requirement
for the
submittal
of a
plot
plan
accurately
showing
all lots
and
units
served
by the
system,
and, in
addition,
shall
meet the
following
requirements:
1.
A list
of the
properties
or
buildings
to be
served
by the community
system
shall be
provided
to the
Township.
Any
change
in
participation
shall be
immediately
reported
to the
Township.
2.
All
property
owners
whose
property
is
designated
to be
served
by the
community
system
shall be
equally
liable
for any
expenses
incurred
by the
Township
in the
inspection
or
permitting
of said
system
or other
related
costs
unless
the
participants
have
agreed
among
themselves
to
otherwise
share
expenses.
3.
Expenses
incurred
by the
Township
on
components
that
serve an
individual
property
of
participants
shall be
assessed
against
the
individual
property
owner.
B.
Large
Systems:
In
addition
to the
requirements
of
Subsection
A, of
this
Section
VI,
Sewage
planning
in
accord
with the
requirements
of the
Act and
all
applicable
DEP
Rules
and
Regulations
shall be
conducted
for the
following
types of
sewage
disposal
systems.
1.
Community
subsurface
systems
with a
design
flow of
10,000
gpd or
more.
2.
Community
subsurface
systems
serving
non-residential
uses
with a
system
design
flow of
800 gpd
or more.
3.
Any
other
system
as
required
by the
Township
or DEP.
Land
Application
and
Sewage
Treatment
Plants
The
planning
,
design,
construction,
and
operation
of any
system
currently
using or
proposing
the use
of land
application
for
sewage
effluent
disposal
or the
discharge
of
sewage
effluent
to the
waters
of the
Commonwealth
shall be
in
accord
with the
requirements
of this
Ordinance,
the
other
applicable
Township
requirements,
the
Sewage
Facilities
Act and
all
applicable
Rules
and
Regulations
of DEP.
Such
systems,
also
including
any
collection
and
conveyance
systems,
shall
also be
subject
to the
following
requirements.
A.
Operations
and
Maintenance
Plan:
All
systems
shall be
operated
and
maintained
in
accord
with a
plan for
same
which
shall be
submitted
to the
Township
for
approval
along
with the
system
planning
documents.
Said
plan shall
include
details
of all
operating
procedures
and a
proposed
maintenance
schedule
designed
to
assure
the
proper
and
continuous
functioning
of the
system.
The
plan
shall
also
include
the
method
for
emergency
response
to any
malfunctions
that may
occur.
B.
Operator:
All
systems
shall at
all
times be
operated
by an
individual
licensed
for same
by DEP,
and the
owner of
each
system
shall
also
provide
for a
licensed
"back-up"
operator.
The
name,
address
and
telephone
number
of said
operator
and
back-up
operator
shall be
provided
to the
Township
by no
later
than
January
15th of
each
year,
and the
Township
shall be
notified
by the
owner of
any
changes
in
operators.
The
Board of
Supervisors
may,
based
upon the
size or
nature
of the
treatment
system,
require
a
full-time
operator.
This
section
shall
not
apply to
individual
sewerage
systems
(small
flow
treatment
facilities)
when DEP
does not
require
a
licensed
operator.
C.
Stormwater:
No roof
drainage
or
stormwater
from any
other
source
shall be
discharged
or
diverted
to any
part of
any
sewage
treatment
system
or
collection
and
conveyance
system.
D.
Flow
Monitoring:
The
system
owner
shall
install
a
continuous
twenty-four
(24)
hour
"strip
chart"
or
"circular
chart"
flow
meter on
the
system
to
determine spray/discharge
volumes.
The
Board of
Supervisors
may
require
the
installation
of such
flow
meters
on both
the
influent
and
effluent
sides of
the
treatment
system.
Similar
flow
meters
shall be
installed
on the
water
supply
system
to
provide
a means
of
assessing
infiltration/inflow
volumes.
Daily
readings
of all
flow
meters
shall be
made by
the
systems operator(s)
for
reporting
to the
Township
on a
monthly
basis.
This
section
shall
not
apply to
individual
sewerage
systems
(small
flow
treatment
facilities)
when DEP
does not
require
flow
monitoring.
E.
Water
Quality
Monitoring:
In order
to
assess
the
effectiveness
of the
treatment
system,
the
requirements
of this
Section
E shall
apply.
All
costs
associated
with
water
quality
monitoring
shall be
borne by
the
system
owner.
In cases
where
the
Board of
Supervisors
determines
necessary,
additional
testing
of
influent
and
effluent
may be
required
of the
system
owner.
1.
In the
case of
land
application
systems,
the
owner
shall
install
a series of
observation
wells,
of such
number,
location,
and
design,
as
determined
by the
Township,
to
monitor
the
functioning
of any
spray
zones.
In order
to
monitor
the
effectiveness
of the
treatment
system,
the
owner
shall,
on a
monthly
basis,
sample
each
well and
submit
said
samples
to a PA
DEP
certified
laboratory
for
analysis
for the
parameters
established
by the
Board of
Supervisors,
based
upon the
recommendation
of the
Township
Engineer.
Said
test
results
shall be
submitted
to the
Township
on a
monthly
basis.
The
requirement
of
monitoring
wells
will not
apply to
Individual
Residential
Spray
Irrigation
Systems
(IRSIS)
which
will be
monitored
in
accordance
with
section
7A of
this
ordinance.
2.
In the
case of
stream
discharge,
two
stream
sampling
locations
shall be
established
by the
Township,
one
location
upstream
of the
discharge
and one
location
downstream
of the
discharge.
The
upstream
location
shall
serve as
a
baseline
of
stream
water
quality,
and the
downstream
location
shall
serve as
a means
of
assessing
the long
term
affect
of the
stream
discharge.
The
system
owner
shall,
as part
of the
sewage
planning
process,
conduct
a
chemical,
biological
and flow
analysis
of the
upstream
location
to
provide
sufficient
data to
establish
the
baseline
condition.
All such
tests
shall be
conducted
by a
qualified
and/or
certified
person(s)
and
shall
include
the
parameters
established
by the
Board of
Supervisors,
based
upon the
recommendation
of the
Township
Engineer.
Test
results
shall
be
submitted
to the
Board of
Supervisors
within
forty
(40)
days of the
testing
date.
Any
proposed
and any
existing
treatment
systems
with a
stream
discharge
shall
conduct
similar
testing
at the
downstream
testing
location
at times
as
established
by the
Board of
Supervisors,
but in
no case
less
than two
(2)
times
per
year.
All such
tests
shall be
conducted
by a
qualified
and/or
certified
person(s).
In order
to
monitor
the
effectiveness
of the
treatment
system,
the
owner
shall
submit
said
samples
to a PA
DEP
certified
laboratory
for
analysis
for the
parameters
established
by the
Board of
Supervisors,
based
upon the
recommendation
of the
Township
Engineer. Test
results
shall be
submitted
to the
Board of
Supervisors
within
forty
(40)
days of
the
testing
date.
F.
Township
Inspection/Testing:
The
Board of
Supervisors,
the SEO,
or other
Township
representative
designated
by the
Board of
Supervisors
shall
have the
right to
enter
upon
property
containing
the
sewage
disposal
system
and
collection
and
conveyance
system
to
inspect
same at
any
reasonable
time to
determine
compliance
with
this
Ordinance
and any
other
Township
Ordinances.
The
Township
shall
also
have the
right to
test
treatment
system
effluent
to
confirm
compliance
with DEP
requirements.
The cost
of said
testing
shall be
borne by
the
system
operator
in as
much as
the
results
of said
testing
can be
used by
the
owner
as
part of
his
reporting
requirements
to DEP.
G.
Record
Keeping
and
Reporting:
The
system
owner
shall
make and
maintain
accurate
records
of all
actions
and
programs
required
by this
Ordinance.
Copies
of these
records
and
discharge
monitoring
reports
and any
other
reports
required
by DEP,
along
with any
correspondence
with
DEP,
shall be
provided
to the
Township
by the
system
owner on
a
monthly
basis.
H.
Water
Conservation:
All
private
and
public,
residential,
recreational,
commercial,
industrial
and
community
facilities
and
other
users of
any
ground
water or
surface
water
supplies
shall
provide
for the
installation
of water
conservation
devices
at the
time of
construction
involving
the
installation,
extension
or
alteration
of
plumbing,
water
piping
or other
water
using
fixtures.
Said
fixtures
shall
meet the
requirements
of the
Township
Building
Code,
and as
may be
required
by the
Delaware
River
Basin
Commission
or the
Commonwealth
of
Pennsylvania.
The
enforcement
of this
provision
shall be
the
responsibility
of
the
Township
Building
Inspector;
however,
the SEO
shall
report
the
observation
of any
violation
of same
to the
Building
Inspector.
Individual
Residential
Spray
Irrigation
Systems
This
section
shall
apply to
all
applications
for land
application
systems
in the
form of
spray
irrigation
systems
to be
placed
on
individual
residential
lots.
All such
systems
shall be
considered
land
application
systems
only as
to the
application
of
Section
8
Subsections
D, E, F
and G
herein.
A.
Applications:
Applications
for
permits
to
install
individual
residential
spray
irrigation
systems
shall be
pursuant
to
Section
5 (A) of
this
ordinance
as
modified
by this
section.
B.
Requirements:
All
systems
governed
by this
section
shall be
designed
and
constructed
pursuant
to all
applicable
state
regulations
as
adopted,
from
time to
time, by
the
DEP.
C.
Maintenance:
The
applicant
shall
enter
into a
maintenance
agreement
with the
municipality
whereby
the
applicant
agrees
to
certain
maintenance
procedures
as
outlined
in that
agreement.
All such
procedures
shall be
within
the
discretion
of the
Township
SEO and
Township
Engineer.
Performance
under
that
agreement
for the
design
life of
the
system
shall be
guaranteed
by
bonds,
escrow
or other
security
acceptable
to the
Township
in an
amount
approved
by the
Township
up to
fifty
(50%)
percent
of the
equipment
and
installation
cost of
the
system
for each
of the
first
two (2)
years of
operation
and not
more
than ten
(10%)
percent
of the
equipment
and
installation
cost for
each
year
thereafter.
All
aerobic
tanks
shall
carry a
current
National
Sanitation
Foundation
(NSF)
certification
or its
equivalent.
All
septic
tanks
must be
pumped
at least
every
two
years.
[section
D
rescinded
3/20/12]
E.
Testing:
The
Applicant
shall
test the
effluent
at the
first
nozzle
for BOD,
fecal
coliform,
total
suspended
solids
and
chlorine
residual
on a
monthly
basis
for the
first
two
years.
After 24
consecutive
tests
reveal
no
effluent
parameter
violations,
the
testing
frequency
may be
reduced
to a
quarterly
basis.
However,
should
any
quarterly
test
find an
effluent
parameter
violation,
the
testing
shall
revert
back to
monthly
and will
not be
conducted
quarterly
again
until
such
time as
there
are no
violations
found
for 12
consecutive
months.
A copy
of the
test
results
shall be
submitted
to the
Township
by
certified
mail
within
thirty
(30)
days of
the test
date.
The
Township
reserves
the
right to
conduct
effluent
testing,
at its
cost,
either
on a
random
basis or
to
investigate
a
possible
malfunction
or
violation.
It would
be
considered
a
violation
of this
ordinance
should
an
inspection
find
that
system
components
have
been
rendered
inoperable
or the
system
does not
have
enough
chlorine
to
operate
correctly.
Section
7b
Alternate
and
Experimental
Sewage
Disposal
Systems
Any
sewage
disposal
system
classified
as
"Experimental"
under
the
Pennsylvania
Sewage
Facilities
Act
regulations
or
classified
as
"Alternate"
for
which
DEP,
through
regulation
or
written
policy,
requires
periodic
operation,
maintenance,
and
monitoring
similar
to that
required
by an
Individual
Residential
Spray
Irrigation
System
(IRSIS)
shall
enter
into a
maintenance
and
operation
agreement
that
meets
state
regulations
or the
requirements
of
Section
7A,
subsection
C of
this
Ordinance,
whichever
may be
greater,
and
shall be
secured
in
accordance
with
Section
8
subsections
D, E, F
and G
herein.
Effluent
samples
shall be
taken at
a point
in the
system
designated
by the
SEO.
Back to
Top
Performance
Guarantees
The
requirements
of this
Section
VIII
shall
apply to
all
community
sewage
disposal
systems,
all land
application
systems,
all
sewage
treatment
plants,
and all
associated
collection
and
conveyance
systems.
A.
Performance
Guarantees:
Prior to
issuing
a permit
for any
community
sewage
disposal
system,
any land
application
system,
or any
sewage
treatment
plant,
along
with the
associated
collection
and
conveyance
systems,
pursuant
to this
Ordinance
and the
Pennsylvania
Sewage
Facilities
Act, the
Township
Supervisors
shall be
satisfied
that
said
system
shall be
properly
guaranteed
for such
period
of
time as
is
necessary
to
determine
that the
installation
has been
accomplished
in
the
proper
manner
as
certified
by the
Applicant's
engineer
and
verified
by the
Township.
Both a
performance
guarantee
and
maintenance
guarantee
shall be
required,
and
shall be
approved
by the
Board of
Supervisors
prior to
the
issuance
of the
permit.
The term
of all
performance
and
maintenance
guarantees
shall
exceed
by one
(1) year
the term
established
for
completion
or
performance.
B.
Form
of
Guarantee:
The
performance
guarantee
shall be
a surety
bond
issued
by
an
insurance
company
or other
surety
company
authorized
to do
business
in
Pennsylvania,
certified
check,
letter
of
credit
or other
security
satisfactory
to the
Board of
Supervisors.
The
guarantee
shall be
payable
to
Dingman
Township
and
be in an
amount
equal to
one-hundred
and ten
(110)
percent
of the
costs of
installing
said
system
as
estimated
by the
Applicant's
engineer
and
verified
by the
Township
Engineer.
Such
guarantee
shall
provide
for and
insure
to the
Township
the full
and
proper
completion
of the
system
within a
period
of three
years
from the
date of
the
permit.
The
Township,
after
consultation
with the
Township
Solicitor
and/or
other
advisors,
may
refuse
to
accept
any
security
other
than
cash
if the
security
is
posted
by a
bank or
other
institution
that is
not
located
in the
Commonwealth
of
Pennsylvania
or there
is a
reasonable
question
as to
its financial
ability
to pay
any
claims
against
the
security
by the
Township.
C.
Release
of
Guarantee:
When the
system
has been
completely
installed
and
proven
operational
in
conformance
with
these
and
other
regulations
of the
Township
and DEP
Rules
and
Regulations
and the
same
have
been
inspected
and
certified
as
approved
by the
Township
Engineer
or SEO,
the
guarantee
shall be
released
and
returned.
In the
event
the
applicant
does not
install
the
system
in
accordance
with
these
regulations,
the
guarantee
is
forfeited
to the
Township
which
shall
use theproceeds
for
corrective
work as
shall be
required.
D.
Maintenance
Bond:
A
maintenance
bond or
other
suitable
financial
guarantee
approved
by the
Township
(including,
but not
limited
to, the
possible
use of
escrow
arrangements
or
withholding
of a
portion
of the
construction
guarantee
after
the
construction
has been
granted
final
approval)
shall be
provided
for any
system
for
which
the cost
of
construction
exceeds
$20,000
(as
established
by the
Township
Engineer).
Said
maintenance
guarantee
shall be
in a
form
approved
by
the
Board of
Supervisors,
payable
to the
Township,
to
guarantee
maintenance,
operation
and
repair
of the
system
for
three
(3)
years
after
completion
of
construction.
Said
bond
shall be
posted
immediately
after
the
system
receives
final
approval
and
before
it is
put into
operation.
In
instances
where
the
system
use will
not
reach
operational
capacity
within a
period
of one
(1)
year,
however,
the
Township
may
require
that
such
guarantee
provide
for the
maintenance
and
operation
of the
system
for a
period
of three
(3)
years
from the
time
operational
capacity
is
reached.
The
amount
of said
maintenance
guarantee
shall be
determined
by the
Township
Board of
Supervisors
but
shall
generally
not
exceed
twenty-five
(25)
percent
of the
estimated
cost of
the
system
as
verified
by the
Township
Engineer.
Upon the
expiration
of the
term of
the
maintenance
guarantee,
the
Township
shall
release
said
maintenance
guarantee,
provided
the
system
has been
properly
maintained
and
operated
during
the term
of the
guarantee
and is
currently
operating
properly
and in
conformance
with the
applicable
DEP
discharge
requirements.
In the
event
the
system
is not
so
maintained
and
operated,
the Township
Board of
Supervisors,
at any
time
during
the term
of the
guarantee
and
upon
thirty
(30)
days
notice,
shall
have the
right to
declare
a
forfeiture
of a
portion
or all
of the
said
maintenance
guarantee,
depending
on the
extent
of the
lack of
maintenance
and
proper
operation,
and
shall
use the
proceeds
for such
maintenance
and
corrective
measures
as shall
be
required.
E.
Long
Term
Operation
and
Maintenance:
The
Township
may also
require
the
establishment
of an
escrow
account
to
assure
the long
term
operation
and
maintenance
of the
sewage
system.
The
amount
of said
account
shall be
established
by the
Board of
Supervisors,
but in
no case
shall be
less
than ten
(10)
percent
nor more
than
twenty-five
(25)
percent
of the
construction
cost of
the
system
as
verified
by the
Township
Engineer.
The
maintenance
and
operation
of
the
system
and the
administration
of any
required
maintenance
fund
account,
shall be
clearly
established
as the
joint
responsibility
of the owner(s)
of each
structure
or
dwelling
unit
served
by such
system.
Such
responsibility
and the
mechanism
to
accomplish
same
shall be
established
by deed
covenants
and
restrictions
which
shall be
approved
by the
Township.
F.
Property
Owners
Association:
Where a
sewage
disposal
system
is to be
dedicated
to a
property
owners
association
(POA),
the
Township
shall
confirm
that the
POA has
agreed
to
accept
such
dedication
and
possesses
the administrative
and
financial
ability
to
operate
and
maintain
such
system
before
any
guarantee
is
released
and
rules
and
guidelines
pertaining
to such
evaluations
may be
adopted
by
action
of the
Board of
Supervisors
G.
Inspections:
Where
the
scope of
work and
circumstances
warrant,
the
Township
may
appoint
an
inspector
of
professional
qualifications
to
monitor
the work
in
progress,
the
costs of
which
inspector
shall be
borne by
the
applicant.
Portable
Toilets
The
temporary
use of
portable
toilets
at
construction
sites or
sites of
public
gathering
or
entertainment
in
compliance
with the
rules
and
regulations
of the
Department
of
Environmental
Protection,
shall be
permitted,
provided
that:
A.
Maintenance
and
Disposal:
There is
a
maintenance
contract
with a
reputable,
bona-fide
firm for
the
service
of the
portable
toilets,
a copy
of which
is filed
with
the
Township
SEO.
All
wastes
shall be
disposed
of at a
facility
designated
by the
Pike
County
Solid
Waste
Management
Plan.
B.
Permit
and Fee:
An
application
is made
and a
permit
for the
toilet
has been
issued
by the
SEO. A
permit
fee for
same
shall be
paid to
the
Township
in an
amount
which
shall be
set by
resolution
of the
Board of
Supervisors,
and
which
takes
into
consideration
the need
for
inspections
by the
SEO.
C.
Gatherings:
When any
portable
toilet
is used
in
conjunction
with a
private
or
public
gathering
or
entertainment
pursuant
to this
section
IX, use
of said
toilet,
including
the time
of
removal,
shall
not
exceed
fourteen
(14)
days,
unless
otherwise
approved
by the
Board of
Supervisors.
The
toilet
shall be
removed within
forty-eight
(48)
hours
after
the
termination
of the
event.
D.
Construction
Site:
When any
portable
toilet
is used
in
conjunction
with a
construction
project,
said
toilet
must be
removed
within
forty-eight
(48)
hours
after
completion
of
construction.
No
certificate
-of-occupancy
shall be
issued
for
the
construction
until
and
unless
all
portable
toilets
have
been
removed..
E.
Community
Beaches
and
Parks:
Portable
toilets
shall be
permitted
for
seasonal
use at
community
beaches, parks,
and
other
amenities.
Permits
for same
shall be
obtained
by the
applicable
community
association.
Permits
for same
shall
not be
valid
for a
period
in
excess
of
twelve
(12)
months.
F.
Long-Term
Prohibition:
Portable
toilets
shall
not be
used as
a
long-term
method
of
sewage
disposal,
and
shall
not be
used in
the
place of
an
approved
on-
lot
system
for any
residential,
commercial
or other
use
which
generates
sewage.
Malfunctions
and
Repairs
A.
All
Systems
1.
No
sewage
system
shall
discharge
untreated
or
partially-treated
sewage
to the
surface
of the
ground
or into
the
waters
of the
Commonwealth
of
Pennsylvania,
except
as
specifically
approved
by DEP
pursuant
to
Section
202 and
Section
207 of
the
Clean
Streams
Law.
Unauthorized
discharges
shall be
deemed
to
constitute
malfunctioning
sewage
disposal
systems
and
shall be
a
violation
of this
Ordinance
and the
Township
Wastewater
Facilities
Plan.
When so
ordered
by the
Township
SEO, an
owner or
operator
of a
malfunctioning
sewage
disposal
system
shall,
within
ten (10)
days,
contain
or
otherwise
correct
such
malfunction
and,
within
thirty
(30)
days,
correct
such
malfunction
by
taking
measures
which
will
achieve
compliance
with the
current
standards
of DEP's
Rules
and
Regulations,
including
if
necessary
the
reconstruction,
upgrading
or
replacement
of such
system.
Failure
to
contain
the
malfunction
within
ten (10)
days or
complete
repairs
within
thirty
(30)
days of
notice
by the
SEO
shall
constitute
a
violation
of this
Ordinance,
unless
the
Board of
Supervisors
grant an
extension
of time
for same
based on
good
cause as
demonstrated
by the
owner of
the
system.
2.
Fees for
work by
the SEO
in
connection
with
malfunctions
shall be
established
by
resolution
of the
Township
Board of
Supervisors.
3.
In the
event
that the
SEO
orders
the use
of a
holding
tank for
an
emergency
repair,
no
planning
module
shall be
required
for
same.
4.
Use of a
holding
tank,
other
than as
permitted
by the
SEO
related
to an
emergency
repair,
shall
require
a
planning
module
to be
filed
and
approved
by the
township
and the
Department
of
Environmental
Protection.
5.
The
Township,
in the
discretion
of the
Board of
Supervisors
may
require
a
maintenance
bond for
any
holding
tanks
not
required
for
emergency
repairs.
6.
Dwelling
units or
other
structures
may not
be
increased
in size
or
otherwise
modified
in such
way as
to
increase
the
sewage
demand
or
potential
sewage
demand
or flow
while a
holding
tank is
in use
B.
Subsurface
Systems:
1.
Where
Chapter
73
standards
cannot
be met
in the
reconstruction
of such
a
malfunctioning
sewage
disposal
system
due to
inadequate
land
area,
poor
soils or
other
site
characteristics,
the SEO
may
order
the use
of water
conservation
devices,
aerobic
treatment
tanks,
septic
tank
modifications,
holding
tanks,
or other
measures
to
reduce
the
effluent
flow or
otherwise
control
effluent
characteristics
and
thereby
reduce
the
hydraulic
and/or
organic
loadings
on the
system.
2.
A
malfunctioning
sewage
disposal
system
may be
evidenced
by
discharge
of
effluent
to the
surface
of the
ground,
bacteriological
samples
or dye
tests
which
confirm
pollution
of wells
or
other Waters
of this
Commonwealth
or the
back-up
of
sewage
into
house
sewers.
The
Township
SEO
shall,
subject
to the
requirements
and
authority
of the
Sewage
Facilities
Act and
the
Second
Class
Township
Code, in
response
to
written
complaints
by
affected
persons,
or with
other
evidence
of
nuisance
to the
public
health,
inspect
any
property,
determine
the
existence
of a
malfunction
and
direct
remedial
action.
If so
directed
by the
SEO, a plot
plan
shall be
prepared
by the
applicant showing
a layout
of the
lot and
all
surface
features
which
may have
caused
or
contributed
to the
malfunction
including
isolation
distances
to
wells,
streams,
and the
like.
Soil
survey
information
shall
also be
noted
and
analyzed.
Before
ordering
other
corrective
action
the
Sewage
Enforcement
Officer
may
require
the
cleaning
of the
septic
tank to
ascertain
whether
the
problem
stems
from a
lack of
maintenance.
Regular
periodic
pumping
may also
be
ordered.
3.
Upon the
property
owner's
completion
of the
required
measures
to
correct
the
malfunction,
the SEO
shall
make
such
inspections
as may
be
necessary
to
determine
compliance
with
this
Ordinance
and
specify
a
schedule
for
periodic
follow-up
inspections
to
determine
whether
the
corrective
action
has
cured
the
problem.
4.
The
Township
Board of
Supervisors
may
also,
upon
evidence
of more
than one
malfunction
in a
particular
vicinity,
as
defined
by the
boundaries
of a
particular
soil
type,
order
the
inspection
of all
sewage
disposal
systems
in that
area,
and/or
require
regular
periodic
inspections
for
purposes
of
identifying
and
correcting
malfunctions
in
high-risk
areas
may be
established
by
action
of the
Township
Board of
Supervisors.
Subsurface
System
Maintenance
and
Septage
Disposal
A.
Required
Maintenance:
The
Township
Board of
Supervisors
or its
authorized
agent
may
require
septic
tanks to
be
pumped
out at
appropriate
intervals
for
proper
operation
of the
system
if it
finds
that the
system
has a
history
of
malfunctioning,
that the
number
of
people
using
the
system
has
increased
or for
other
good
cause.
Each
time a
septic
tank or
other
subsurface
wastewater
disposal
system
is
pumped
out upon
an order
by the
Board of
Supervisors,
the
septage
waste
hauler
shall
provide
to the
owner a
signed
receipt
containing
the
following
information:
1.
The date
of
pumping.
2.
Name and
address
of
owner.
3.
Address
of tank
location
if
different
than
that of
the
owner.
4.
Amount
of
septage
or other
solid or
semi-solid
material
removed.
5.
Waste
hauler's
state
license
number
permitting
it to
collect
and haul
septage
in the
Commonwealth
of
Pennsylvania.
6.
Name and
location
of
disposal
site for
the
septage.
A copy
of the
receipt
shall
immediately
be
submitted
to the
Township
by the
property
owner to
confirm
compliance
with the
pumping
order
issued
by the
Board of
Supervisors.
B.
Disposal
Site:
All
sludge
or
septage
obtained
by
cleaning
or
pumping
of
subsurface
sewage
disposal
systems
shall be
disposed
of in a
manner
consistent
with the
requirements
of
Chapter
75 of
the
Department's
Rules
and
Regulations.
The
Township
Board of
Supervisors
may, by
resolution,
establish
requirements
for the
registration
of firms
or
persons
engaged
in such
business
for the
purpose
of
determining
compliance
with
this
Ordinance
and DEP
Rules
and
Regulations.
Fees
An
application
fee in
the form
of a
check or
money
order
made
payable
to the
Board of
Supervisors
of
Dingman
Township
shall
accompany
all
applications
for
subsurface
sewage
disposal
permits.
Said
application
fees
shall be
established,
from
time to
time by
the
Board of
Supervisors
by
resolution.
Fees
shall
represent
the
administrative
cost of
system
review,
inspection,
and
approval.
Fees do
not
cover
the cost
of the
digging
of holes
or
pits.
Such
work
must be
done by
and paid
for by
the
Applicant.
Appeals
and
Hearings
When the
said
application
for
permit
is
denied
or
revoked,
the
appeal
procedure
shall be
as
follows:
A.
Upon
receipt
by the
applicant
of a
notice
of
denial
of a
permit,
the
Applicant
may,
within
thirty
(30)
days,
request
in
writing
on a
form
provided
by the
Township,
a
hearing
before
the
Township
Board of
Supervisors,
and said
hearing
shall be
conducted
within
fifteen
(15)
days
from the
date of
receipt
of the
request.
The SEO
and DEP
shall be
notified
of the
hearing.
B.
Upon
receipt
by the
applicant
of a
notice
of
revocation
of a
permit,
the
Applicant
may,
within
ten (10)
days,
request
in
writing
a
hearing
before
the
Township
Board of
Supervisors,
and said
hearing
shall be
conducted
within
fifteen
(15)
days
from the
date of
receipt
of the
request.
The SEO
and DEP
shall be
notified
of the
hearing.
C.
Any
party
aggrieved
by a
decision
of the
Township
Board of
Supervisors
may
appeal
to the
Court of
Common
Pleas
within
thirty
(30)
days of
the date
of such
decision.
Notice
of
appeal
shall be
served
on the
Township
Board of
Supervisors,
and
proof of
such
service
shall
accompany
the
filing
of the
appeal.
Severability
If any
section,
paragraph,
clause
or
provision
of this
Ordinance
be held
invalid,
the
validity
thereof
shall
not
effect
any of
the
other
provisions
of this
Ordinance.
Violations
and
Penalties
The
planning,
design,
construction,
operation
and/or
maintenance
of any
sewage
disposal
system
shall be
undertaken
only in
accord
with the
requirements
of this
Ordinance.
Any
owner,
licensed
operator,
person,
association,
or
corporation
who
plans,
constructs,
operates
and/or
maintains
any
sewage
disposal
system
not in
accord
with any
of the
planning,
design,
construction,
operation,
maintenance,
testing,
reporting
and/or
any
other
requirements
of this
Ordinance,
or who
violates
any of
the
conditions
of
approval
attached
to any
permit
issued
in
accord
with
this
Ordinance,
or who
is the
owner of
a
property
on which
a
condition
exists
which
constitutes
a
nuisance
under
the
Sewage
Facilities
Act
shall be
considered
to be in
violation
of the
Ordinance.
Any such
owner,
licensed
operator,
person,
association,
or
corporation
in
violation
of any
provisions
of this
Ordinance
shall be
guilty
of a
summary
offense
and
shall be
subject
to a
fine of
not less
than
$500.00
nor more
than
$5,000.00
plus
costs
for each
and
every
offense;
or shall
be
confined
in the
county
jail for
a period
of not
more
than
ninety
(90)
days or
both.
Every
day in
which
said
violator
fails to
comply
with the
provisions
of this
Ordinance
shall
constitute
a new
and
separate
offense.
In
addition
to the
remedies
set
forth
herein
the
Township
may, at
its
option,
assess a
civil
penalty
pursuant
to the
provisions
of
Section
13.1 of
the
amendments
to the
Sewage
Facilities
Act set
forth in
Act 149
of 1994
which
are
incorporated
herein
by
reference
thereto.
Sewage
Planning
Modules
1.
Sewage
Planning
Modules
shall be
prepared
and
submitted
to the
Township
in
accordance
with the
Sewage
Facilities
Act, as
amended,
and the
regulations
adopted
pursuant
thereto.
2. All
maps or
site
plans
submitted
pursuant
to this
section
shall
include
a
signature
block
for the
Sewage
Enforcement
Officer
and
shall
include
a space
for the
date of
the
officer's
review
on the
site
plan or
map.
3. No
less
than
seven
(7)
copies
of the
complete
submission
under
this
section
shall be
submitted
to the
Township
at the
time of
original
submission.
4. At
least
one copy
of the
sewage
planning
module
submitted
to the
Township
for
approval
and
transmittal
to DEP
shall
bear all
original
signatures
by all
state,
county
and
local
officials.
5. All
lots
included
in the
submission,
including
any
remainder
tracts,
not
already
served
by an
existing
sewage
disposal
system,
shall
have
satisfactory
soil
testing
results
for both
a
primary
and
secondary
sewage
site.
Earth
Disturbance
All
applications
filed
under
this
Ordinance
shall be
accompanied
by a
plot
plan
drawn to
scale
and
legible
in every
detail
which
shall
show all
lot
boundary
lines as
well as
all
areas of
existing
and
proposed
earth
disturbance
activity.
Savings
Clause
Nothing
in this
Ordinance
shall be
deemed
to
affect,
modify,
amend or
repeal
any
provision
of the
Act of
June 22,
1937
(Act No.
394) of
the
amendments
thereto.
Repeal
The
enactment
of this
Ordinance
shall
serve as
a repeal
of
Ordinance
No. 29
and any
other
Ordinance
inconsistent
therewith.
Severability
Clause
The
provisions
of this
Ordinance
are
severable,
and if
one of
its
sections,
clauses,
or
sentences
be held
illegal,
invalid,
or
unconstitutional,
such
illegality,
invalidity,
or
unconstitutionality
shall
not
affect
or
impair
any of
the
remaining
sections,
clauses,
or
sentences
of this
Ordinance.
Effective
Date
This
Ordinance
shall be
effective
five (5)
days
from the
date of
adoption.
Adoption
Adopted
this
____________
day of
____________
, 1992
by the
Board of
Supervisors,
Dingman
Township,
Pike
County,
Pennsylvania.
Dingman
Township
Supervisors
ATTEST:
