[Adopted 2-9-1995 by Ord. No. 1995-1]
A.
This Part 2 shall be known as the "Washington Township
On-Lot Disposal System Management Ordinance."
B.
As required by the Pennsylvania Second Class Township
Code, as amended (53 P.S. § 65101), the Pennsylvania Clean
Streams Law, as amended (35 P.S. § 691.1 et seq.), and the
Pennsylvania Sewage Facilities Act, as amended (35 P.S. § 750.1
et seq., also known as "Act 537"), municipalities have the authority
and the obligation to provide for adequate sewage treatment facilities
and for the protection of public health by preventing the discharge
of untreated or inadequately treated sewage. The Official Sewage Facilities
Plan for Washington Township requires the Township to enact an ordinance
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.
C.
The purpose of this Part 2 is to provide for the regulation,
inspection, maintenance and rehabilitation of on-lot sewage disposal
systems within Washington Township, 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.
A.
General terms. In the interpretation of this Part
2, the singular shall include the plural, and the masculine shall
include the feminine and the neuter.
B.
ACT
ALTERNATIVE SYSTEM
AUTHORIZED AGENT
BOARD
CODES ENFORCEMENT OFFICER (hereinafter called "C.E.O.")
COMMUNITY SEWAGE SYSTEM
DEPARTMENT
DER
INDIVIDUAL SEWAGE SYSTEM
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
OWNER
PERSON
PUMPER/HAULER
REHABILITATION
REPLACEMENT AREA
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (hereinafter called "S.E.O.")
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
TOWNSHIP
Specific terms. For the purposes of this Part 2, the
terms used shall be construed to have the following meanings:
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
A system for the disposal of domestic wastewaters not operating
below ground level but located on or near the site of the buildings
or buildings being served (e.g., composting toilets, gray water recycling
systems, incinerating toilets, spray irrigation and black water recycling
systems, etc.).
The Washington Township Municipal Authority, a licensed sewage
enforcement officer, professional engineer or sanitarian, plumbing
inspector, soils scientist or any other qualified or licensed person
who is delegated to function within the specified limits as the agent
of the Board of Supervisors of Washington Township to carry out the
provisions of this Part 2 or any amendments thereto.
[Amended 10-26-1995 by Ord. No. 1995-10]
The Board of Supervisors of Washington Township, Berks County,
Pennsylvania.
An individual employed by the Township to administer and
enforce this and other ordinances in the Township.
Any system, whether publicly or privately owned, for the
collection of sewage or the collection of sewage or individual waste
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 DER.
The Department of Environmental Resources of the Commonwealth
of Pennsylvania or any successor agency.
The Department of Environmental Resources of the Commonwealth
of Pennsylvania or any successor agency.
Any 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 any waters of the Commonwealth of Pennsylvania or
by means of conveyance to another site for final disposal.
The condition which occurs when an on-lot sewage disposal
system causes pollution to the ground- or surface waters, contamination
of private or public drinking water supplies, nuisance problems 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 or surfacing sewage effluent flowing over the ground and
occurring at any time of the year.
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Township and approved by the DER in
accordance with the Act and with applicable DER regulations.
Any system for disposal of domestic sewage involving pretreatment
and subsequent disposal of the clarified sewage into a subsurface
soil absorption area or retaining tank; this term includes both individual
sewage systems and community sewage systems.
Any person, corporation, partnership, etc., holding deed/title
to lands within Washington Township.
Any individual, association, partnership, public or private
corporation, whether for profit or not-for-profit, 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 2, 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.
Any person, company, partnership or corporation which engages
in cleaning community or individual sewage systems and transports
the septage cleaned from these systems. An owner, as defined herein,
may clean its own individual sewage system and transport the septage
cleaned from the system with the prior written approval of the Sewage
Enforcement Officer.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
An area designated as the future location of an individual
on-lot sewage system that shall be installed should the initial individual
on-lot system installed or to be installed fail or otherwise become
inoperable and which shall meet all the regulations of the DER and
all applicable Township ordinances for an individual on-lot sewage
system and shall be protected from encroachment by an easement recorded
on the final plan as filed with the Berks County Recorder of Deeds.
The residual scum and sludge pumped from septic systems.
Any substance that contains any of the waste products or
excrements 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 water supply or for recreation.
A person appointed by the Board to administer various provisions of this Part 2 and authorized by the DER in accordance with Chapter 71, Administration of Sewage Facilities Program, of Title 25, Rules and Regulations, Department of Environmental Resources, of the Pennsylvania Code. Such person is authorized to conduct investigations and inspections, review permit applications, issue or deny permits and do all other activities as they are provided for such person in the Sewage Facilities Act, the rules and regulations promulgated thereunder and this or any other ordinance adopted by the Board.
Any area or areas of the Township designated in the Official
Sewage Facilities Plan adopted by the Board as an area for which a
sewage management program is to be implemented.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this Part 2, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder
and such other requirements adopted by the Board to effectively enforce
and administer this Part 2.
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.
Washington Township, Berks County, Pennsylvania.
C.
All other definitions of words and terms used in this Part 2 shall have the same meaning as set forth in the Sewage Facilities Act and the Regulations promulgated thereto, currently found in Chapter 73, Standards for Sewage Disposal Facilities, of Title 25, Rules and Regulations, Department of Environmental Resources, of the Pennsylvania Code.
From the effective date of this Part 2,[1] its provisions shall apply in any portion of the Township
identified in the Official Sewage Facilities Plan as a Sewage Management
District. Within such an area or areas, the provisions of this Part
2 shall apply to all persons owning any property serviced by an on-lot
sewage disposal system and to all persons installing or rehabilitating
on-lot sewage disposal systems. In the absence of such designated
districts, this Part 2 shall apply to all persons owning any property
in the Township serviced by an on-lot sewage disposal system and to
all persons installing or rehabilitating on-lot sewage disposal systems.
[1]
Editor's Note: Section 15 of the ordinance
that adopted this part provided that it shall take effect five days
after its adoption.
A.
No person shall request bid proposals for construction
or alteration of an individual sewage system or community sewage system,
install or construct an individual or community sewage system or occupy
any building or structure for which an individual 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 ("the Act") and the standards adopted pursuant thereto.
B.
No community sewage system shall be approved for installation
or operation until and unless the developer, owner or installer posts
with the Township a bond, cash or other financial instrument equal
to 2 1/2 times the cost of installation of the system. The bond
or financial instrument shall be in the name of the Township as payee,
except that if the community sewage system is to be owned and operated
by a homeowners' association, then, in that event, the bond or financial
instrument shall be in the joint name of that homeowners' association
and the Township. The financial instrument shall provide for the use
of the annual income from the instrument to cover the costs of operation
and inspection of the community sewage system. If the annual income
so derived is insufficient to cover the costs of operation and inspection
of the system, the owner or homeowners' association shall supplement
the income to recover the remaining costs of operation and inspection.
In the event that the Board or the Board's authorized agent determines
that there has been a malfunction of the system, the principal of
the financial instrument may be employed by funding the correction
of the malfunction. Payment will be made from the principal to the
Township upon receipt of notification from the Township of the malfunction
and a contract between the Township and the contractor for the repair
of the malfunction. No such community sewage system shall be approved
unless the developer, owner or installer evidences to the Township
a bona fide contract employing a qualified sewage plant operator for
regular maintenance and operation of the system, with the operator's
annual fees being paid from the income derived from the aforementioned
financial instrument or, if a bond is posted, by the owner or homeowners'
association. Where the system is to be owned by a homeowners' association
which has legal responsibility for the operation and maintenance of
the system, the contract with the plant operator may be on an annual
basis. Otherwise, the contract for the operation and maintenance shall
cover a period representative of the anticipated life of the system.
C.
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 Township S.E.O. If 72 hours
have elapsed, excepting Sundays and holidays, the applicant may cover
said system or structure unless permission has been specifically refused
by the S.E.O.
D.
The Township may require applicants for sewage permits
to notify the Township's S.E.O. of the schedule for construction of
the permitted on-lot sewage disposal system so that inspection(s)
in addition to the final inspection required by Act 537 may be scheduled
and performed by the Township's S.E.O at the cost of the applicant.
E.
No building or occupancy permit shall be issued by
the Township or its C.E.O. for a new building which will contain sewage-generating
facilities until a valid sewage permit has been obtained from the
Township's S.E.O. or from the Township Municipal Authority if the
building is serviced by public sewage.
F.
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 C.E.O. and the structure's owner receive from the Township's S.E.O. or from the Washington Township Municipal Authority either a permit for alteration or a replacement of the existing sewage disposal system or written notification that such a permit will not be required or a capacity permit from the Washington Township Municipal Authority for the increased flow. In accordance with the regulations contained in Chapter 73 of Title 25 of the Pennsylvania Code, the S.E.O. shall determine whether the proposed alterations of the structure will result in increased sewage flows if on-site sewage disposal is being used; and the Washington Township Municipal Authority shall determine whether the proposed alterations of the structure will result in increased sewage flows if the existing structure is or will be connected to the public sewage system.
G.
Sewage permits for on-lot sewage disposal may be issued
only by a S.E.O. employed by the Township for that express purpose.
The DER shall be notified by the Township as to the identity of their
currently employed S.E.O.
B.
The on-lot sewage disposal 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.
C.
The Township's authorized agent shall have the right
to enter upon land for the purposes of inspections described in this
section.
D.
A schedule of routine on-lot sewage disposal inspections
may be established by the Township, if necessary, to assure the proper
function of the sewage systems in the Township.
E.
The Township's authorized agent shall inspect on-lot
sewage disposal systems known to be or alleged to be malfunctioning.
Should said inspections reveal that the system is malfunctioning,
the Township shall take action to require the correction of the malfunction.
If total correction is not technically or financially feasible in
the opinion of the Township and a representative of the DER, action
by the owner to mitigate the malfunction shall be required.
F.
There may arise geographical areas within the Township
where numerous on-lot sewage disposal systems are malfunctioning.
A resolution of these area-wide problems may necessitate detailed
planning and a Township-sponsored revision to that area's Act 537
Official Sewage Facilities Plan. When a DER-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 DER, represents
a serious public health or environmental threat.
Only normal domestic wastes shall be discharged
into any on-lot sewage disposal system. The following shall not be
discharged into the system:
A.
Industrial waste.
B.
Automobile oil and other nondomestic 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.
A.
Any person owning a building served by an on-lot sewage
disposal system shall have the septic tank pumped by a qualified pumper/hauler
within three years after the effective date of this Part 2.[1] Thereafter, that person shall have the tank pumped at
least once every three years. Receipts from the pumper/hauler shall
be submitted to the Township or its authorized agent within the prescribed
pumping periods.
[Amended 10-26-1995 by Ord. No. 1995-10]
[1]
Editor's Note: Section 15 of the ordinance
that adopted this part provided that it shall take effect five days
after its adoption.
B.
In the event that a person provides a receipt or other
written evidence demonstrating that the person's septic tank had been
pumped within three years of the first year anniversary of the effective
date of this Part 2, the Township or its authorized agent may delay
that person's initial required pumping to conform to the general three-year
frequency requirement.
[Amended 10-26-1995 by Ord. No. 1995-10]
C.
The Township or its authorized agent may allow septic
tanks to be pumped out at less frequent intervals when the owner can
demonstrate to the Township or its authorized agent that the treatment
tanks are filled with solids less than 1/3 the liquid depth of the
tank or with scum less than 1/3 the liquid depth of the tank. Such
a request may be made at any time and must be in writing, with all
supporting documents attached. The Township or its authorized agent,
in making its determination, shall take into account the information
submitted by the applicant, the sewerage permit issued by the Township
S.E.O. upon installation or rehabilitation of the system and supporting
documentation, reports of inspection and maintenance of the system
and other relevant information and may conduct an on-site inspection.
The applicant shall bear the cost of any inspection, surface or subsurface,
and soil or wastes sampling conducted for the purposes of evaluating
the request. The applicant shall receive a decision within 60 days
of accumulation of all necessary information by the Township or its
authorized agent.
[Amended 10-26-1995 by Ord. No. 1995-10]
D.
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.
E.
Any person owning a building served by an alternative
system or on-lot sewage disposal system which contains an aerobic
treatment tank shall follow the operation and maintenance recommendations
of the equipment manufacturer. A copy of the manufacturer's recommendations
and a copy of the service agreement shall be submitted to the Township
or its authorized agent within six months of the effective date of
this Part 2. Thereafter, service receipts shall be submitted to the
Township or its authorized agent at the intervals specified by the
manufacturer's recommendations. In no case may the service or pumping
intervals exceed those for those required in septic tanks.
[Amended 10-26-1995 by Ord. No. 1995-10]
F.
The Township or its authorized agent may require additional
maintenance activity as needed, including but not 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. Repair permits issued by the S.E.O. must be secured for
these activities.
[Amended 10-26-1995 by Ord. No. 1995-10]
A.
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 waters of the Commonwealth of Pennsylvania unless a permit
to discharge has been obtained from the DER.
B.
The Township or its authorized agent 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 on-lot
sewage disposal system or which is discharging raw or partially treated
sewage without a permit.
[Amended 10-26-1995 by Ord. No. 1995-10]
C.
Within 30 days of notification by the Township or
its authorized agent that a malfunction has been identified, the owner
shall make application to the Township's S.E.O. or its authorized
agent for a permit to repair or replace the malfunctioning system.
Within 60 days of initial notification by the Township or its authorized
agent, construction of the permitted repair or replacement shall commence.
Within 90 days of the original notification by the Township or its
authorized agent, the construction shall be completed unless seasonal
or unique conditions mandate a longer period, in which case the Township
or its authorized agent shall set an extended completion date.
[Amended 10-26-1995 by Ord. No. 1995-10]
D.
The Township's S.E.O or its authorized agent 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 or other alternatives as appropriate for the specific site.
[Amended 10-26-1995 by Ord. No. 1995-10]
E.
In lieu of or in combination with the remedies described
in the preceding subsection, the S.E.O. or its authorized agent 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.
[Amended 10-26-1995 by Ord. No. 1995-10]
F.
In the event that the rehabilitation measures set
forth in the preceding five subsections are not feasible or do not
prove effective, the Township may require the owner to apply for a
permit to construct a holding tank in accordance with any applicable
Township ordinance. Upon receipt of said permit, the owner shall complete
construction of the system within 30 days.
G.
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 Township or its authorized agent may require
whatever action is necessary to lessen or mitigate the malfunction.
[Amended 10-26-1995 by Ord. No. 1995-10]
[Amended 10-26-1995 by Ord. No. 1995-10]
The Township or its authorized agent, upon written
notice from the S.E.O. or its authorized agent that an imminent health
hazard exists due to failure of a property owner to maintain, repair
or replace an on-lot sewage disposal system as provided under the
terms of this Part 2, shall have the authority to perform or contract
to have performed the work required by the S.E.O. The owner shall
be charged for the work performed and, if necessary, a municipal lien
shall be entered upon the property in accordance with the law of the
Commonwealth of Pennsylvania.
A.
All septage originating within the sewage management
district shall be disposed of in accordance with the requirements
of the Solid Waste Management Act (Act 97 of 1980, 35 P.S. § 6018.101
et seq.) and all other applicable laws and at sites or facilities
approved by DER. Approved sites or facilities shall include the following:
septage treatment facilities, wastewater treatment plants, composting
sites and approved farmlands.
B.
Pumper/haulers of septage operating within the 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 through 6018.1003) and
all other applicable laws.
A.
The Township shall fully utilize those powers it possesses
through enabling statutes and ordinances to effect the purposes of
this Part 2.
B.
The Township or its authorized agent shall employ
qualified individuals to carry out the provisions of this Part 2.
Those employees shall include an S.E.O., a C.E.O., a secretary, administrator
or other persons as required. The Township or its authorized agent
may also contract with private qualified persons or firms as necessary
to carry out the provisions of this Part 2. The official or position
responsible for administering this Part 2 may be changed from time
to time by resolution of the Board of Supervisors.
[Amended 10-26-1995 by Ord. No. 1995-10]
C.
All permits, records, reports, files and other written
material relating to the installation, operation and maintenance and
malfunction of on-lot sewage disposal systems shall become the property
of the Township or its authorized agent. In addition, copies of all
such documents shall be provided to the Washington Township Municipal
Authority for its planning purposes. Existing and future records shall
be available for public inspection during required business hours
at the Washington Township Municipal Building. All records pertaining
to sewage permits, building permits, occupancy permits and all other
aspects of the Township's On-Lot Disposal System Management Program
shall be made available, upon request, for inspection by representatives
of the DER.
[Amended 10-26-1995 by Ord. No. 1995-10]
D.
The Board or its authorized agent shall establish
all administrative procedures necessary to properly carry out the
provisions of this Part 2.
E.
The Board may from time to time establish by resolution
a fee schedule and subsequently collect fees to cover the cost to
the Township of administering this program.
A.
Appeals from decisions of the Township or its authorized
agents under this Part 2 shall be made to the Board, in writing, within
45 days from the date of the decision in question.
B.
The appellant shall be entitled to a hearing before
the Board at its next regularly scheduled meeting. If the appeal is
received less than 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.
C.
A decision shall be rendered, in writing, within 45
days of the date of the hearing. If a decision is not rendered within
45 days, the relief sought by the appellant shall be deemed granted.
[Amended 7-11-1996 by Ord. No. 1996-4; 6-12-1997 by Ord. No. 1997-3]
Any person who shall violate any provision of
this part shall, upon conviction thereof, be sentenced to pay a fine
not exceeding $1,000 and, in default of payment thereof, to imprisonment
for a term not to exceed 30 days. Each day that a violation of this
part continues shall constitute a separate offense. Enforcement shall
be by action brought before a District Justice in the same manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure.