1. General Terms. In the interpretation of this Part, the singular shall include the plural and the masculine shall include the feminine and the neuter.
2. Specific Terms. For the purposes of this Part, the terms used shall be construed to have the following meanings:
ACT - the Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (165) 1535, No. 537, as amended, 35 P.S. §750.1 et seq.
ALTERNATIVE SYSTEM - a system for the disposal of domestic wastewaters not operating below ground level, but located on or near the site of the building or buildings being served (e.g., composting toilets, gray water recycling systems, incinerating toilets, spray irrigation and black water recycling, etc.)
AUTHORIZED AGENT - a licensed sewage enforcement officer or codes officer, the Borough Engineer or authorized representative of the DEP.
BOROUGH - Borough of Marysville, Perry County, Pennsylvania.
CODES ENFORCEMENT OFFICER (hereinafter called CEO) - an individual employed by the Borough of Marysville to administer and enforce this and other ordinances of the Borough.
COUNCIL - the Borough Council of Marysville, Perry County, Pennsylvania.
COMMUNITY SEWAGE SYSTEM - any system, whether publicly or privately owned, for the collection of sewage publicly or industrial wastes of a liquid nature from two or more lots or uses, or two or more equivalent dwelling units and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site and which shall comply with all applicable regulations of the Department of Environmental Protection (DEP).
DEP - the Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
DEVELOPER - any person, partnership or corporation which erects or contracts to erect a building on property within the Borough with intent to sell the building to some other party upon its full or partial completion, or upon the conveyance of property on which the building is to be built.
EQUIVALENT DWELLING UNIT (EDU) - for the purpose of determining the number of lots in a subdivision or land development, that part of a multiple family dwelling, commercial, industrial or institutional establishment with sewage flows equal to 400 gallons per day.
IMPROVED PROPERTY - any property within the Borough 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.
LAND DEVELOPMENT - a land development as defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. §10101 et seq.
LOT - a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MALFUNCTION - the condition which occurs when an onlot sewage disposal system causes pollution to the ground or surface waters, contamination of private or public drinking water supplies, nuisances or hazards to public health. Indications of malfunctioning systems include, but are not limited to, foul odors, lush grass growing over the system, backup of wastewater in the attached buildings, soggy ground over the system, surfacing sewage effluent flowing over the ground and occurring at any time of the year.
MANAGEMENT or REGULATION PROGRAM - the management program shall encompass the entire area of the Borough serviced by sewage facilities or any other alternative system which discharges into the soils of the Borough. All systems shall be operated under the jurisdiction of the Marysville Borough Council regulating the subsurface disposal and/or alternate systems and other applicable laws of the Commonwealth of Pennsylvania.
OFFICIAL PLAN - a comprehensive plan for the provision of adequate sewage disposal systems adopted by the Borough and approved by the DEP in accordance with the Act and with applicable DEP regulations.
ONLOT SEWAGE DISPOSAL SYSTEM - any sewage system disposing of sewage in whole or in part into the soil or any waters of the Commonwealth of Pennsylvania and which is located upon the lot which it serves.
OWNER - any person, corporation, partnership, etc., holding title to lands within the Borough.
PERSON - any individual, association, partnership, public or private corporation, whether for profit or nonprofit, trust, estate or other legally recognized entity. Whenever the term "person" is used in connection with any clause providing for the imposition of a fine or penalty or the ordering of action to comply with the terms of this Part, the term "person" shall include the members of an association, partnership or firm and the officers of any public or private corporation, whether for profit or not-for-profit.
PLANNING MODULE FOR LAND DEVELOPMENT - a revision to, or exception to the revision of, the Borough Official Plan submitted in connection with the request for approval of a subdivision or land development in accordance with DEP regulations.
PUMPER/HAULER - any person, company, partnership or corporation which engages in cleaning community or individual sewage systems and transports the septage cleaned from these systems.
PUMPERS REPORT/RECEIPT - form which shall be used by all licensed pumper/haulers to report each pumping of onlot sewage disposal systems in the Borough.
REHABILITATION - work done to modify, alter, repair, enlarge or replace an existing onlot sewage disposal system.
REPLACEMENT AREA - an area designated, as the future location of an individual onlot disposal system that shall be installed should the initial individual onlot system installed or to be installed fail or otherwise become inoperable and which shall meet all the regulations of the DEP and all applicable Borough ordinances for an individual onlot sewage disposal system and shall be protected from encroachment by an easement recorded on the final plan as filed with the Perry County Recorder of Deeds.
SEPT AGE - the residual scum and sludge pumped from septic systems.
SEWAGE - any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or 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 supply or for recreation.
SEWAGE ENFORCEMENT OFFICER (hereinafter called SEO) - a person appointed by the Council to administer the provisions of this Part and authorized by the DEP in accordance with "Chapter 71, Administration of Sewage Facilities Program" of "Title 25, Rules and Regulations," to perform percolation tests, site and soil evaluation and issue sewage permits for onlot disposal sewage systems.
SEWAGE FACILITIES - any method of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage into the waters of this Commonwealth or otherwise provide for the safe and sanitary treatment of sewage.
SINGLE and SEPARATE OWNERSHIP - the ownership of a lot by one or more persons which ownership is separate and distinct from that of any abutting or adjoining lot.
SUBDIVISION - a subdivision as defined by the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. §10101 et seq.
3. All other definitions of words and terms used in this Part shall have the same meaning as set forth in "Chapter 73, Standards for Sewage Disposal Facilities" of "Title 25, Rules and Regulations, Department of Environmental Protection."
(Ord. 535, 7/8/2002)