[Adopted 1-4-1999 by Ord. No. 4-99]
A. 
The purpose of this article is to establish procedures for the design, installation, use, and maintenance of small flow wastewater treatment facilities designed to receive, treat, and dispose of sewage from sanitary sources. It is hereby declared that the enactment of this article is necessary for the protection, benefit, and preservation of the health, safety, and welfare of the inhabitants of this Township.
B. 
This article is intended to provide a method of sewage treatment and disposal under circumstances where the Township does not have the capability to convey, treat, and/or dispose of sewage via a Township or Township-authorized agency's publicly held conveyance, treatment, and/or disposal system, and where the construction and use of an individual subsurface sewage disposal systems pose or may present potential health risks.
A. 
Compliance with the rules and regulations of the Department of Environmental Protection (hereinafter "DEP") and this article shall be a condition of all subdivision, zoning, and/or building permits and approvals issued by Colebrookdale Township.
B. 
No person, firm, or corporation shall install, operate, or maintain a small flow wastewater treatment facility in Colebrookdale Township without having first obtained a permit from the Pennsylvania Department of Environmental Protection and without having entered into an agreement with Colebrookdale Township as authorized in this article for the maintenance, operation, and inspection of such system and without having paid all fees and costs as provided in this article.
A. 
Insofar as applicable, all words and terms used in this article shall have the meanings defined in Title 25 Pa. Code Chapter 71, Subchapter A, Subsection 71.1, Definitions.
B. 
However, as a convenience to the user, selected definitions are repeated as follow:
EQUIVALENT DWELLING UNIT
For the purpose of determining the number of lots in a subdivision only as it relates to the determination of planning exemptions and fees for planning module reviews under Title 25, Chapter 71, that part of a multiple-family dwelling or commercial or industrial establishment with flows equal to 400 gallons per day. These flow figures are not intended to be used for the calculation of flows for the design of community sewerage systems or for the allocation of flows related to community sewerage systems. Community sewerage system flows for design and permitting purposes shall be calculated using the procedures established in the Department's Domestic Wastewater Facilities Manual (DEP-1357).
LARGE VOLUME ON-LOT SEWAGE SYSTEM
An individual or community on-lot sewage system with a design capacity to discharge subsurface sewage flows which are in excess of 10,000 gallons per day.
LIMITING ZONE
A soil horizon or condition in the soil profile or underlying strata which includes one of the following:
(1) 
A seasonal high water table, whether perched or regional, determined by direct observation of the water table or indicated by soil mottling.
(2) 
A rock with open joints, fracture or solution channels, or masses of loose rock fragments, including gravel, with insufficient fine soil to fill the voids between the fragments.
(3) 
A rock formation, other stratum or soil condition which is so slowly permeable that it effectively limits downward passage of effluent.
LOCAL AGENCY
Colebrookdale Township Board of Commissioners.
LOT
A part of a subdivision or parcel of land used as a building site or intended to be used for building purposes, whether immediate or future, which would not be further subdivided. Whenever a lot is used for a multiple-family dwelling or for commercial, institutional, or industrial purposes, the lot shall be deemed to have been subdivided into an equivalent number of single family residential lots as determined by estimated sewage flows.
OFFICIAL PLAN
Sewage Facilities Planning Act 537 Update for Colebrookdale Township, Berks County, PA, Draft Issue: March 27, 1996, Revised January 30, 1997, including this and subsequent addenda.
OFFICIAL PLAN REVISION
A change in Colebrookdale Township's official plan to provide for additional or newly identified or existing sewage facilities needs, which may include but not be limited to:
(1) 
UPDATE REVISIONA comprehensive revision to an existing official plan required when the Department or municipality determines the official plan or its parts is inadequate for the existing or future sewage facilities needs of a municipality or its residents or landowners.
(2) 
REVISION FOR NEW LAND DEVELOPMENTA revision to a municipality's Official Plan resulting from a proposed subdivision as defined in the act.
(3) 
SPECIAL STUDYA study, survey, investigation, inquiry, research, report, or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.
RETAINING TANK
A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. The term includes, but is not limited to, the following:
(1) 
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
(2) 
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water carrying system.
(3) 
PRIVYA tank designed to receive sewage where water under pressure is not available.
(4) 
INCINERATING TOILETA device capable of reducing waste materials to ashes.
(5) 
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
(6) 
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
SEWAGE
A substance that contains the waste products or excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances 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, or which constitutes pollution under the Clean Streams Law.[1] This definition shall not include the waste of farm animals used for agricultural purposes.
SEWAGE ENFORCEMENT OFFICER
The official of Colebrookdale Township who issues permits, reviews permit applications and sewage facilities planning modules, and conducts investigations and inspections necessary to implement the act and the regulations thereunder.
SEWAGE FACILITIES
A system of sewage collection, conveyance, treatment, and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of this commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste.
(1) 
INDIVIDUAL SEWAGE SYSTEMA sewage facility, whether publicly or privately owned, located on a single lot and serving one equivalent dwelling unit and collecting, treating, and disposing of sewage in whole or in part into the soil or into waters of this commonwealth of by means of conveyance of retaining tank wastes to another site for final disposal.
(a) 
INDIVIDUAL ON-LOT SEWAGE SYSTEMAn individual sewage system which uses a system of piping, tanks, or other facilities for collecting, treating, and disposing sewage into a subsurface absorption area or a retaining tank.
(b) 
INDIVIDUAL SEWERAGE SYSTEMAn individual sewage system which uses a method of sewage collection, conveyance, treatment, and disposal other than renovation of a subsurface absorption area, or retention in a retaining tank.
(2) 
COMMUNITY SEWAGE SYSTEMA sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site.
(a) 
COMMUNITY ON-LOT SEWAGE SYSTEMA community sewage system which uses a system of piping, tanks, or other facilities for collecting, treating, and disposing of sewage into a subsurface soil absorption area or retaining tank.
(b) 
COMMUNITY SEWERAGE SYSTEMA community sewage system which uses a method of sewage collection, conveyance, treatment, and disposal other than renovation in a subsurface absorption area, or retention in a retaining tank.
SEWAGE MANAGEMENT PROGRAM
A program authorized by the official action of the Colebrookdale Township Board of Commissioners for the administration, management, and regulation of the disposal of sewage.
SMALL FLOW TREATMENT FACILITIES
An individual or community sewage system designed to adequately treat sewage flows not greater than 2,000 gallons per day for final disposal using a stream discharge or discharge to the surface of the ground.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
All small flow wastewater systems constructed and installed in Colebrookdale Township after the effective date of this article shall be designed and installed in strict conformity to the requirements of the Pennsylvania Sewage Facilities Law (52 P.S. § 750.1 et seq.), the Pennsylvania Clean Streams Law (35 P.S. § 691.1 et seq.), the regulations of the Department of Environmental Protection applicable thereto, and the design standards set forth as follows:
A. 
Site requirements.
(1) 
A fenced-in buffer area shall surround the treatment and disposal facilities.
(2) 
Have the following minimum distances to the buffer area fence of:
(a) 
Seventy-five feet from public right-of-way.
(b) 
Twenty-five feet from private rights-of-way.
(c) 
One hundred feet from property lines of adjacent properties and properties on the opposite sides of public right-of-way.
(d) 
One hundred fifty feet from occupied buildings.
(e) 
Two hundred fifty feet from public buildings.
(f) 
Fifty feet from the 100-year floodplain of streams and watercourses.
(g) 
One hundred feet from drilled wells.
(h) 
Two hundred feet from dug wells.
(i) 
One hundred feet from on-site high-use areas, such as swimming pools and patios.
(j) 
Two hundred fifty feet from off-site high-use areas, such as playgrounds, swimming pools, and patios.
(k) 
Stream discharges shall be one mile from public water supply intake facilities.
(3) 
An area to be considered for land application (spray irrigation) shall meet the following requirements:
(a) 
Not contain severely or moderately eroded phases of shallow/well drained soils.
(b) 
Not contain severely eroded phases of moderately well drained soils.
(c) 
Not contain poorly drained soils, such as sands, silts, clay, shale, and stony soils.
(d) 
Not contain floodplain soils.
(e) 
Not have slopes exceeding 8% in open grassed areas.
(f) 
Not have slopes exceeding 8% in wooded areas.
(g) 
Not have slopes exceeding 4% if the soil is determined to be "somewhat poorly drained soil" or in agricultural areas.
(h) 
Not experience a seasonally high groundwater table of 10 inches or less.
B. 
Sewage treatment plant requirements.
(1) 
In order to meet the requirements of this article, an aerobic, biologic process treatment plant preceding the spray land application or surface waters application shall:
(a) 
Provide minimum secondary treatment (30 mg/L BOD and 30 mg/L suspended solids) such as that provided by an NSF Standards No. 40 Class 1 (less than 1,500 gpd) approved treatment unit and NSF Criteria C-9 approved treatment unit.
(b) 
Provide disinfection of treated sewage.
(c) 
Be constructed so that entry of surface water into treatment unit is avoided.
(d) 
Be designed for an average wastewater influent flow of 100 gallons per capita day per day or 400 gallons per residence per day, whichever is the greater gallonage per day.
(e) 
Have a treated wastewater facility included in the design and construction of the sewage treatment system to store treated wastewater during periods of adverse environmental conditions. The storage facility shall be sized to contain the larger of:
[1] 
One thousand five hundred gallons; or
[2] 
Seven day's wastewater flow.
(2) 
In addition to calculated storage capacity, an open storage facility shall have two feet freeboard and fenced with a minimum four-foot-high chain-link fence.
C. 
Spray irrigation area shall be designed.
(1) 
For spray application rates of:
(a) 
Two tenths inch/week on deep, somewhat poorly drained soils.
(b) 
Four tenths inch/week on shallow (depth of 15 inches to 20 inches) well drained soils.
(c) 
Four tenths inch/week on deep, moderately well drained soils.
(d) 
Four tenths inch/week on moderately deep, well drained soils.
(e) 
Four tenths inch/week on moderately deep, moderately well drained soils.
(f) 
Five tenths inch/week on deep, well drained soils.
(2) 
For spray application rates of 1.5 times the design influent rate of the sewage treatment plant.
(3) 
To be completely covered by the spray pattern of the irrigation system nozzles.
(4) 
To use low trajectory nozzles and "course" spray to minimize misting/aerosol drift.
(5) 
To have a movable vegetative cover or wooded site.
D. 
Stream discharge. Individual sewerage systems discharging to surface waters require a national pollutant discharge elimination system permit prior to construction and operation. Discharge to high quality waters or waters classified as exceptional value in DEP Chapter 93 shall not be permitted in accordance with Chapter 93 requirements.[1]
[1]
Editor's Note: See 25 Pa. Code Ch. 93.
E. 
Buffer area. The buffer area surrounding the treatment and disposal facilities shall:
(1) 
Be a minimum of 15 feet in width.
(2) 
Include an uphill berm which will direct upland drainage away from the site.
(3) 
Be enclosed with a minimum four-foot-high chain-link fencing and a lockable access gate.
(4) 
Fenced spray irrigation areas shall be posted with signs on each straight run of fencing stating that the enclosed area is a spray irrigation wastewater disposal area.
F. 
Additional design features.
(1) 
Each sewage small flow treatment system consisting of an aerobic biological treatment process followed by land or surface waters application shall have the following items incorporated into the design:
(a) 
For spray irrigation system, a wind velocity interlock that will prevent a spray application to take place at wind velocities greater than 10 miles per hour.
(b) 
All systems shall be provided with:
[1] 
A shutoff accessible to the Township to be operated by the Township only if the system is not operating properly or being maintained properly.
[2] 
Water conservation fixtures throughout the domestic water system of the residence.
[3] 
A chlorine residual monitoring system and a chlorine residual test kit for monitoring the chlorine residual of the treated secondary effluent.
G. 
Operation and maintenance. A sewage treatment system consisting of an aerobic biological treatment process followed by land or surface water application shall be operated and maintained in accordance with the requirements of this article and the requirements of DEP. This article requires that:
(1) 
All spray applications be made during periods of low wind velocity.
(2) 
All operation and maintenance listed in the operation and maintenance manual be performed at regularly scheduled intervals.
(3) 
The secondary effluent be monitored and tested for chlorine residual at regularly scheduled intervals of one week or less. Records must be kept of these testings and be available to the Township upon request.
(4) 
The vegetation cover on the spray irrigation area and the buffer area be mowed and harvested at a minimum of three week intervals during the growing season. (This is not applicable to wooded sites.)
(5) 
Alarms are needed for spray irrigation systems to provide warning against the following:
(a) 
Dosing tank alarm. High water level in the dosing tank due to a surge of wastewater from the aerobic unit or a breakdown of the dosing pumps.
(b) 
Spray field alarm.
[1] 
Clogging of nozzles in the spray irrigation system. (The buildup of the head pressure on the dosing pump will result in pumping rates that are less than design values. If the clogging is significant, the water level in the dosing tank will rise above normal operating level.)
[2] 
Types of alarms which can be used:
[a] 
A pressure alarm that will go off if the pump head pressure exceeds design values; or
[b] 
A high water level alarm coupled with running time meters for the pump motors. The pressure alarm system is more effective than the high water level alarm since the latter will only signal a major clogging in the system. The running time meter signals when there is an increase in pumping time for dosing. The meter would have to be read on a regular basis to detect pumping pattern;
[c] 
Aerator motor alarm. A failure to run alarm on the aerator motor. The alarm system shall be connected to the aerobic unit motor. The alarm shall go off if the motor providing oxygen to the aeration tank is not running;
[d] 
The alarm system shall feature both audible and 360°, external visual alarm devices. The audible alarm can be silenced manually by pushing a button while a red warning light remains on until normal operating water level is attained in the dosing tank.
(6) 
Garbage grinders or garbage disposals and water softeners shall be prohibited.
Applications to install and operate small flow disposal systems shall be on a form prescribed by the Township and shall be accompanied by the following:
A. 
Planning module to revise the Township Act 537 Sewage Facilities Plan.
B. 
For spray irrigation systems, the logs and analysis of soils in the proposed spray area.
C. 
A site review and analysis report prepared by a qualified soil scientist.
D. 
A site plan drawn to a scale of 50 feet to the inch or larger and extending 400 feet beyond the owner's property line prepared by a registered engineer or surveyor showing existing and proposed contours at two-foot intervals within the spray field area and five-foot intervals outside the spray field area, wooded areas, buildings, wells, streams, on-lot sewage systems, plantings, grading, fences and other pertinent topographical features.
E. 
System design calculations and report.
F. 
System operation and maintenance manual.
G. 
Application fee in the amount of $1,500.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Colebrookdale Township and the owner of the land upon which the small flow treatment system is to be installed shall enter into an installation and maintenance agreement which shall include the following provisions:
A. 
The system shall be designed, installed, operated, and maintained in accordance with the requirements of applicable state laws and regulations and the requirements of the Township as set forth in this article.
B. 
The system shall be approved by the Pennsylvania Department of Environmental Protection and subject to review and inspection by the Township Engineer or Township Sewage Enforcement Officer. The installation of the system and its startup shall be under the supervision of the design engineer.
C. 
The system shall be inspected by the Township Engineer or Township Sewage Enforcement Officer quarterly during its first year of operation and annually thereafter which inspection shall include sampling and testing of effluent. The cost of inspections and testing shall be borne by the owner.
D. 
Upon failure of the property owner to properly repair or maintain the system, the Township shall have the right to enter the property in order to perform required maintenance or repairs, charge the cost thereof to the owner, and file a municipal lien in default of payment.
E. 
The agreement will be recorded and run with the land and will be binding upon the owners, their successors and assigns.
F. 
The owner shall agree to indemnify and hold the Township harmless for any adverse condition, claims, or pollution resulting from or relating to the operation of the system.
G. 
Maintenance/security.
(1) 
The owner shall timely perform all maintenance and make all repairs necessary to keep or restore the small wastewater treatment facility to operating within its design parameters and within the parameters of the provisions of this article and all applicable township, state, or federal laws or regulations. In the event the owner fails to perform the maintenance or make the repairs necessary to keep the facility operating within its design parameters and the parameters of this article and other applicable laws and regulations within 30 days of the owner's receipt of written notice from the Township advising the owner of the repairs or maintenance necessary, the Township may, at its option, undertake to have the repairs or maintenance completed at the expense of the owner. The owner hereby grants to the Township the right to enter the property for the purpose of repairing, inspecting, replacing, or maintaining the facility as is reasonably necessary for that purpose.
(2) 
As security for his obligations as set forth in Subsection G(1), above, the owner shall contemporaneously with the execution of the agreement required by this article, post with the Township, security in a form acceptable to the Township, in its sole and absolute discretion, in the amount of 50% of the cost of installation of the system. Said security shall be retained by the Township, and maintained in force for a period of two years from the date the system is approved and placed into operation. Thereafter, the amount of the security may be reduced by the owner to a sum equal to 10% of the cost of installation of the system. The reduced security shall be kept in force by the owner for the life of the small flow wastewater treatment facility. The security shall be in form accessible to the Township without requiring any consent of the owner and may be used by the Township to cover the cost of required maintenance or repairs which the Township has completed at the expense of the owner. The security shall be replaced or replenished by the owner as necessary in the event that the security is drawn upon by the Township in order to perform required maintenance or repairs. In addition, should the cost of the maintenance or repairs exceed the amount of funds held as security, the owner shall upon request promptly reimburse the Township for the expenses incurred which exceed the amount of the security. The Township shall have the further right and privilege to file a civil action against the owner or to file a municipal lien against the property of the owner in order to obtain reimbursement for expenses incurred which exceed the amount of the funds held as security for such maintenance and repairs. The Township shall have the further right and privilege to sue the then property owner in assumpsit for reimbursement or lien the property for any expense in excess of the deposited funds.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
At least 30 days prior to each anniversary of the date on which the system is placed in operation, the owner shall apply for and obtain from Township an annual operating permit for the system and shall pay therefor a fee of $250 which shall be applied against the cost to the Township of the inspections required in the installation and maintenance agreement.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. If the penalty is not paid, the Township shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Township may enforce this chapter in equity in the Court of Common Pleas of Berks County.