1. Any onlot disposal sewage system may be inspected by the Borough's SEO 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 groundwater 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. A copy of the inspection report shall be furnished to the owner and current resident which shall include all of the following information which is reasonably available to the individual or agency responsible for conducting the inspection:
A. Date of inspection.
B. Name and address of system owner.
C. Description and diagram of the location of the system, including location of access hatches, risers and markers.
D. Size of tanks and disposal fields.
E. Current occupant's name and number of users.
F. Indication of any system malfunction.
G. Observed results of any and all soils and water test.
H. Remedial action required.
3. The Borough SEO shall enter upon land for the purpose of conducting the inspections set forth above upon 24 hours advance notice to the occupant, by First Class Mail deposited at the Post Office in Marysville, Pennsylvania, which notice shall be deemed received 24 hours later unless that time shall fall on a Sunday or postal holiday, in which case notice shall be deemed received the following postal business day. Should access be refused by the occupant, the SEO or CEO, or other appropriate Borough officer, shall commence an immediate procedure to obtain a search warrant from the district justice. Upon receipt of a search warrant to inspect the property, the SEO or CEO, shall be accompanied by an officer of the Borough Police, State Police or a deputy of the County Sheriff and the inspection shall be completed in accordance with this Section.
4. A schedule of routine inspections may be established by the Borough, if necessary, to assure the proper function of the systems within the Borough.
5. The Borough's SEO shall inspect systems known to be, or credibly alleged to be, malfunctioning. Should said inspections reveal that the system is malfunctioning, the Borough shall take action to require the correction of the malfunction. If total correction is not technically or financially feasible in the opinion of the Borough and a representative of the DEP, then other appropriate action by the owner to mitigate the malfunction shall be required.
6. There may arise geographic areas within the Borough where numerous onlot disposal systems are malfunctioning. A resolution of these area-wide problems may necessitate detailed planning and a Borough sponsored revision to the area's Act 537 Official Sewage Facilities Plan. When a DEP authorized Official Sewage Facilities Plan Revision has been undertaken by the Borough, mandatory repair or replacement of individual malfunctioning sewage disposal systems within the study area may be delayed, at the discretion of the Borough, pending the outcome of the plan revision process. However, the Borough SEO may compel immediate corrective action whenever a malfunction, as determined by the Borough SEO or the Pennsylvania DEP, represents a serious public health or environmental threat.
(Ord. 535, 7/8/2002)