§ 18-210.   System Rehabilitation.
   1.   No person shall operate and maintain an on-lot sewage disposal system in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry wastes and water softener backwash shall be discharged to a treatment tank. No sewage system shall discharge untreated or partially treated sewage to the surface of the ground or into the water of the Commonwealth of Pennsylvania unless a permit to discharge has been obtained form the DEP.
   2.   The Borough shall issue a written notice of violation to any person who is the owner of a property in the Borough which is found to be served by a malfunctioning on-lot sewage disposal system or which is discharging raw or partially treated sewage without a permit.
   3.   Within 7 days of notification by the Borough that a malfunction has been identified, the owner shall make application to the Borough’s certified SEO for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the Borough construction of the permitted repair or replacement shall commence. Within 60 days of the original notification by the Borough the construction shall be completed unless seasonal or unique conditions mandate a longer period, in which case the Borough shall set an extended completion date.
   4.   The Borough’s certified SEO 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 specific site.
   5.   In lieu of, or combination with, the remedies described in subsection .4, the SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water using devices and appliances in the structure may be required to be retrofitted with water saving appurtenances or they may be required to be replaced by water conserving devices and appliance. 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 Borough may require the owner to apply for a permit to construct a holding tank in accordance with Borough ordinance. Upon receipt of said permit the owner shall complete construction of the system within 30 days.
   7.   Should none of the remedies described above prove totally effective in eliminating the malfunction of an existing on-lot sewage disposal system, the owner is not absolved of responsibility for that malfunction. The Borough may require whatever action is necessary to lessen or mitigate the malfunction to the extent that it feels necessary.
(Ord. 02-06, 9/3/2002, §310)