[Ord. No. 221, 1/17/2006]
(a)
This Part shall be known as the "Amity Township On-lot Sewage 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 Amity 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 is to provide for the regulation, inspection,
maintenance, and rehabilitation of on-lot sewage disposal systems
within Amity Township; to further permit the Township to intervene
in situations which are public nuisances or hazards to the public
health due to improper management of on-lot SDS's; and to establish
penalties and appeal procedures necessary for the proper administration
of a Sewage Management Program.
[Ord. No. 221, 1/17/2006;
as amended by Ord. No. 268, 11/3/2010]
In the interpretation of this Part, the singular shall include
the plural, and the masculine shall include the feminine and the neuter.
For the purposes of this Part, the listed terms shall be
construed to have the following meanings:
ACTThe Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1 et seq.
AUTHORIZED AGENTA 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 to carry out the provisions of this Part.
BOARDThe Board of Supervisors of Amity Township, Berks County, Pennsylvania.
COMMUNITY SEWAGE SYSTEMAny system, whether publicly or privately owned, for the collection of sewage from two or more lots or uses, or two or more equivalent dwelling units, and the treatment and/or disposal of the sewage on one or more of the lots or at any other site, and which shall comply with all applicable regulations of the DEP.
DEPThe Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
INDIVIDUAL SEWAGE SYSTEMAny 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.
I CERTIFIED PLUMBING INSPECTOR— Any individual currently employed by Amity Township or their designated third party agency who holds a current certification from L&I as a residential and or commercial plumbing inspector.
MALFUNCTIONThe 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, surfacing sewage effluent flowing over the ground and occurring at any time of the year.
OFFICIAL SEWAGE FACILITIES PLANA comprehensive plan for the provision of adequate sewage disposal systems adopted by the Township and approved by the DEP in accordance with the Act and with applicable DEP regulations.
ON-LOT SEWAGE DISPOSAL SYSTEMAny system for disposal of domestic sewage involving pretreatment and subsequent disposal of the clarified sewage into a subsurface soil absorption area or retaining tank.
OWNERAny person holding deed or title to lands within the Township.
PERSONAny 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, 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.
PROPERTYA tract or parcel of land, held in single and separate ownership, located in Amity Township.
PROPERTY AREAThe gross acreage as specified on the deed or deeds, and contained within the boundaries of a property.
PSMA CERTIFIED DRIVERAn individual who possess a current certification by the Pennsylvania Septage Management Association who is employed by a septage hauling company.
PUMPER/HAULERAny person approved and licensed by the Township, which engages in cleaning community or individual sewage systems and transporting the septage cleaned from these systems.
REHABILITATIONWork done to modify, alter, repair, enlarge, or replace an existing on-lot sewage disposal system.
REPLACEMENT AREAAn 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 DEP and all applicable Township ordinances for an individual sewage system, and shall be protected from encroachment by an easement recorded in the Berks County Recorder of Deeds (this easement requirement may be satisfied by the recording of the final plan of a subdivision or land development plan upon which the easement appears).
SEPTAGEThe residual scum and sludge pumped from septic systems.
SEWAGEAny 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 SEO)A person appointed by the Board to administer various 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, Department of Environmental Protection, 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 may be provided for such person in the Sewage Facilities Act, the rules and regulations promulgated thereunder, and this Part or any other ordinance adopted by the Board.
SEWAGE MANAGEMENT DISTRICTAny 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 PROGRAMA comprehensive set of legal and administrative requirements encompassing the requirements of this Part, the Act, the Clean Streams Law, the regulations promulgated thereunder and such other requirements adopted by the Board to effectively enforce and administer this Part.
SINGLE AND SEPARATE OWNERSHIPThe ownership of a contiguous land area consisting of one or more lots by an owner irrespective of the fact that parts of the land may have been acquired at different times or that the area may have been divided into parts on any plan or plat.
TOWNSHIPThe Township of Amity, Berks County, Pennsylvania.
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All other definitions of words and terms used in this Part 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 Protection, of the Pennsylvania Code.
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[Ord. No. 221, 1/17/2006;
as amended by Ord. No. 285, 8/6/2014]
From the effective date of this Part, its provisions shall apply
as follows:
[Ord. No. 221, 1/17/2006]
(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 Act, and the standards adopted
pursuant thereto.
(b)
No community sewage system shall be approved for installation or
operation until and unless the owner enters into an agreement with
the Township specifying the duties of the owner, its successors and
assigns, for the operation, maintenance and repair of said system,
and posts with the Township a bond, cash, or other financial instrument,
equal to 50% of the initial cost of the equipment and installation
for the first two years of operation. After the first two years of
operation, and throughout the remaining life of the system, the amount
shall be 10% of the cost of replacing and installing the equipment,
as determined by the SEO at the time and from time to time during
the remaining life of the system.
(1)
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.
(2)
The financial instrument shall provide for the use of the annual
income from the instrument, if any, to cover the costs of operation
and inspection of the community sewage system if those costs are not
paid directly by the owner of homeowners' association. If no annual
income is derived, or 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 provide the amount necessary
to recover the costs of operation and inspection.
(3)
In the event that the Board, or the Board's authorized agent,
determines that there has been a malfunction of the system, and the
owner or homeowners' association fails, after notice, to repair the
malfunction, the principal of the financial instrument may be employed
to fund 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 delivery of a contract between the
Township and the contractor for the repair of the malfunction.
(4)
No such community sewage system shall be approved unless the
owner 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 by the owner or
homeowners' association and in default thereof, from the aforementioned
financial instrument or bond.
(5)
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 SEO. If after written notice
has been given to the SEO, 72 hours, excepting Sundays and holidays,
have elapsed without inspection by the SEO, then the applicant may
cover said system or structure, unless permission has been specifically
refused by the SEO.
(d)
The Township may require applicants for sewage permits to notify
the Township's SEO 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 SEO at the cost of the applicant.
(e)
No building or occupancy permit shall be issued by the Township for
a new building which will contain sewage generating facilities until
a valid sewage permit has been obtained from the Township's SEO or
from a municipal authority or other public entity if the building
is serviced by a public sewer system.
(f)
No building or occupancy permit shall be issued and no work shall
begin on any alteration or conversion of an existing structure which
is served by an on-lot sewage disposal system, if said alteration
or conversion will result in the increase or potential increase in
sewage flows from the structure, until the Township and the structure's
owner receive from the Township's SEO 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. In accordance
with the regulations contained in Chapter 73, Section 73.1 et seq.,
Title 25 of the Pennsylvania Code, the SEO shall determine whether
the proposed alterations of the structure will result in increased
sewage flows if on-site sewage disposal is being used.
(g)
Sewage permits for an on-lot sewage disposal system may be issued
only by an SEO employed by the Township for that express purpose.
The DEP shall be notified during January of each year after the effective
date of this Part by the Township as to the identity (by name, address,
and SEO Certification Number) of its currently employed SEO and alternate
SEO. The DEP shall also be notified in writing within 15 days of a
change in the SEO or his address.
[Ord. No. 221, 1/17/2006;
as amended by Ord. No. 268, 11/3/2010]
(a)
All on-lot sewage disposal systems subject to this section of this
Part shall be inspected by a Township Sewage Enforcement Officer,
an L&I certified plumbing inspector or a PSMA certified individual
employed by a septage hauler every three years in conjunction with
a pumping schedule and regions established by the Township or at any
other reasonable time as of the effective date of this Part. A report
of the inspection shall be delivered to the property owner within
30 days of the inspection. The report shall be prepared on forms provided
by the Township. In cases where there is an evident malfunction posing
a substantial imminent health hazard, the SEO, should he not have
performed the inspection, shall be notified within 24 hours of the
inspection.
(b)
The on-lot sewage disposal inspection may include a physical tour
of the property, and an inspection of the septic tank, piping and
absorption area.
(c)
The Township's SEO shall inspect on-lot sewage disposal systems known
to be, or alleged to be, malfunctioning at any time, in addition to
the routine scheduled inspections. Should said inspections reveal
that the system is malfunctioning, the Township's SEO shall take immediate
action in accordance with Section 7 of the Act (35 P.S. § 750.7)
to require the correction of the malfunction. If total correction
is not technically feasible in the opinion of the Township and/or
a representative of the DEP, action by the owner to mitigate the malfunction
shall be required.
(d)
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 DEP authorized Official Sewage Facilities Plan Revision
has been undertaken by the Township, mandatory repair or replacement
of malfunctioning individual 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 the Township and the DEP, represents a serious public health or
environmental threat.
[Ord. No. 221, 1/17/2006]
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.
[Ord. No. 221, 1/17/2006]
(a)
Any person, subject to the provisions of this Part, owning a building
served by an on-lot sewage disposal system shall have the septic tank
pumped by a licensed pumper/hauler within three years after the effective
date of this Part in accordance with a schedule and regions developed
by the Township. Thereafter, that person shall have the tank pumped
at least once every three years in accordance with a schedule and
regions developed by the Township. Receipts from the pumper/hauler
shall be submitted to the Township within 30 days following the pumping.
(b)
The Township will be divided into three management areas, with one
area designated to be pumped each year. The management areas will
be evaluated with the area with greatest number of older systems to
be pumped the first year, and the area with the greatest number of
new systems will be pumped in the third year.
(c)
To assure that septic tanks are properly pumped, septic tank lids
shall be exposed prior to pumping. The exposure of the septic tank
lid shall be the responsibility of the tank owner. After pumping,
the lid must remain accessible until the Sewage Enforcement Officer
or Plumbing Inspector performs his inspection.
(d)
In the event that a person provides a receipt or other written evidence
demonstrating that the person's septic tank has been pumped within
three years prior to the effective date of this Part, the Township
may delay that person's initial required pumping.
(e)
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.
(f)
Should maintenance be required as determined by the Sewage Enforcement
Officer or Plumbing Inspector, such maintenance must be performed
by the property owner. If permits are required, the property owner
must first secure the necessary permits.
[Ord. No. 221, 1/17/2006]
(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 DEP.
(b)
A written notice of violation shall be issued to any person who is
the owner of any property which is found to be served by a malfunctioning
on-lot sewage disposal system or which is discharging sewage without
a permit.
(c)
Within seven days of notification by the Township that a malfunction
has been identified, the property owner shall make application to
the SEO for a permit to repair or replace the malfunctioning system.
Within 30 days of initial notification by the Township, construction
of the permitted repair or replacement shall commence. Within 60 days
of the original notification by the Township, the construction shall
be completed unless seasonal or unique conditions mandate a longer
period, in which case the Township shall set an extended completion
date.
(d)
An 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, or any other alternative appropriate for the specific site.
(e)
In lieu of, or in combination with, the remedies described in Subsection (d) above, an 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.
(f)
In the event that the Rehabilitation measures set forth in the preceding Subsections (a) through (e) 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. Until that time, the owner is responsible to keep the system pumped to keep it from discharging to the surface of the ground.
(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 may require whatever action is necessary to lessen or
mitigate the malfunction, including imposition of fines and other
penalties under the authority granted to the Township under Sections
7, 8, 12, 13, 13.1, 14, 15, and 16 of the Act (35 P.S. §§ 750.7,
750.8, 750.12, 750.13, 750.13.1, 750.14, 750.15, and 750.16).
[Ord. No. 221, 1/17/2006]
The Township, upon written notice from the SEO 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, shall have the authority to perform or contract
to have performed, the work required by the SEO. The owner shall be
charged for the work performed and, if necessary, a lien shall be
entered therefore in accordance with law.
[Ord. No. 221, 1/17/2006]
(a)
All septage shall be disposed of in accordance with the requirements
of the Solid Waste Management Act (Act 97 of 1980, P.S. § 6018.101
et seq.) and all other applicable laws and at sites or facilities
approved by DEP. Approved sites or facilities shall include the following:
septage treatment facilities, wastewater treatment plants, composting
sites, and approved farm lands.
(b)
Pumper/haulers of septage operating within the Township 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
— 6018.1003) and all other applicable laws.
(c)
Pumper/haulers of septage operating within the Township shall be
licensed by the Township.
(d)
Septage from residential and commercial properties within the Township
will be accepted at the Amity Township Sewage Treatment Plant. Industrial
waste will not be accepted. A manifest indicating the origin of the
load will be required.
[Ord. No. 221, 1/17/2006]
(a)
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this Part.
(b)
The Township shall employ qualified individuals to carry out the
provisions of this Part. Those employees shall include an SEO and
may include an administrator and such other persons as may be necessary.
The Township may also contract with private qualified persons or firms
as necessary to carry out the provisions of this Part.
(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 in the Township shall become the property
of, and be maintained by, the Township. Existing and future records
shall be available for public inspection during regular business hours
at the official office of the Township. All records pertaining to
sewage permits, building permits, occupancy permits and all other
aspects of the Sewage Management Program shall be made available,
upon request, for inspection by representatives of the DEP, or at
a frequency required by Chapter 73 of Title 25 of the Pennsylvania
Code.
(d)
The Township shall establish all administrative procedures necessary
to properly carry out the provisions of this Part.
(e)
The Township Board shall establish a fee schedule, and authorize
the collection of fees, to cover the cost of the Township of administering
this program.
[Ord. No. 221, 1/17/2006]
(a)
Appeals from final decisions of the Township or any of its authorized
agents under this Part shall be made to the Board in writing within
30 from the date of written notification of the decision in question.
The appeal must be made on an official appeal form and be accompanied
by the appropriate appeal fee as established from time to time through
resolution of the Board of Supervisors.
(b)
The appellant shall be entitled to a hearing before the Board of
Supervisors at its next regularly scheduled meeting, if a written
appeal is received at least 14 days prior to that meeting. If the
appeal is received within 14 days of the next regularly scheduled
meeting, the appeal shall be heard at the next regularly scheduled
meeting. The Board 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 30 days of the date
of the hearing.
[Ord. No. 221, 1/17/2006]
For each violation of the provisions of this Part, the owner,
agent, lessee, or contractor or any other person who commits, takes
part in, or assists in any such violation shall be liable upon conviction
thereof in a summary proceeding to pay a fine of not less than $500
nor more than $5,000 for each offense, together with the costs of
prosecution. Each day or portion thereof in which a violation exists
shall be considered to be a separate violation, and each section of
this Part which is violated shall be considered a separate violation.
In default of payment of such fine, such person shall be liable to
imprisonment for a period not exceeding 90 days. In addition, the
Township may also institute an action at law or in equity to require
compliance with the terms of this Part. All such persons shall be
required to correct or remedy such violations or noncompliance within
the time period set forth in an enforcement notice. Any development
initiated or any structure or building constructed, reconstructed,
enlarged, altered, or relocated in noncompliance with this Part may
be declared to be a public nuisance and abatable as such.
[Ord. No. 221, 1/17/2006]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors of the Township of Amity that this Part would
have been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.
