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Township of Washington, PA
Berks County
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Table of Contents
Table of Contents
Code
New Laws (3) Index
[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. 
Specific terms. For the purposes of this Part 2, the terms used shall be construed to have the following meanings:
ACT
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.
ALTERNATIVE SYSTEM
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.).
AUTHORIZED AGENT
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]
BOARD
The Board of Supervisors of Washington Township, Berks County, Pennsylvania.
CODES ENFORCEMENT OFFICER (hereinafter called "C.E.O.")
An individual employed by the Township to administer and enforce this and other ordinances in the Township.
COMMUNITY SEWAGE SYSTEM
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.
DEPARTMENT
The Department of Environmental Resources of the Commonwealth of Pennsylvania or any successor agency.
DER
The Department of Environmental Resources of the Commonwealth of Pennsylvania or any successor agency.
INDIVIDUAL SEWAGE SYSTEM
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.
MALFUNCTION
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.
OFFICIAL SEWAGE FACILITIES PLAN
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.
ON-LOT SEWAGE DISPOSAL SYSTEM
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.
OWNER
Any person, corporation, partnership, etc., holding deed/title to lands within Washington Township.
PERSON
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.
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. 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.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal system.
REPLACEMENT AREA
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.
SEPTAGE
The residual scum and sludge pumped from septic systems.
SEWAGE
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.
SEWAGE ENFORCEMENT OFFICER (hereinafter called "S.E.O.")
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.
SEWAGE MANAGEMENT DISTRICT
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.
SEWAGE MANAGEMENT PROGRAM
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.
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.
TOWNSHIP
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.
A. 
Any on-lot sewage disposal system may be inspected by the Township's authorized agent at any reasonable time as of the effective date of this Part 2.[1]
[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. 
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.