[Adopted 10-1-1996 by Ord. No. 157]
This article shall be known and may be cited
as a "Sewage Management Program for the Township of Bern."
As mandated by the municipal codes, the Clean
Stream Law 935 P.S. §§ 691.11 to 691.1001, and the
Pennsylvania Sewage Facilities Act (Act of January 24, 1966, P.L.
1535 as amended, 35 P.S. § 750.1 et. seq., known as "Act
537"), municipalities have the power and the duty to provide for adequate
sewage treatment facilities and for the protection of the public health
by preventing the discharge of untreated or inadequately treated sewage.
The Official Sewage Facilities Plan for the Township of Bern indicates
that it is necessary 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.
The purpose of this article is to provide for
the inspection, maintenance and rehabilitation of on-lot sewage disposal
systems to further permit the township to intervene in situations
which are public nuisances of a sewage management program.
As used in this article, the following terms
shall have the meanings indicated:
The Act of January 24, 1966, P.L. 1535 as amended, 35 P.S.
§ 750.1 et. seq. known as the "Pennsylvania Sewage Facilities
Act."
Any person who is delegated by the township to function within
specified limits as the agent of the township to carry out the provisions
of this article.
The panel to hear, review and issue decisions on appeal from
determinations of a municipal representative under this article.
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots or structure and the treatment
and/or disposal of the sewage on one or more lots or any other site.
The Board of Supervisors, Berks County, Pennsylvania.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
A system of piping, tanks or other facilities serving a single
lot or structure and collecting and disposing of sewage in whole or
in part into the soil or into any waters of this commonwealth, which
is permitted exclusively by the township.
The condition which occurs when an on-lot sewage disposal
system discharges sewage onto the surface of the ground, into groundwaters
of this commonwealth, into surface water system or otherwise causes
a nuisance or hazard to the public health or pollution of ground or
surface water or contamination of public or private drinking water
wells. Systems shall be considered to be malfunctioning if any of
the conditions noted above occur for any length of time during any
period of the year.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the township and approved by the Pennsylvania
Department of Environmental Protection, as described in and required
by the Pennsylvania Sewage Facilities Act.
Any system for disposal of sewage and subsequent disposal
of the clarified sewage into the soil for final treatment and disposal,
including both individual sewage systems and community sewage systems.
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
township, district, authority or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a fine or imprisonment,
the term "person" shall include the members of an association, partnership
or firm and the officers of any local agency or municipal, or public
or private corporation 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.
The work done to modify, alter, repair, enlarge or replace
an existing on-lot sewage disposal system.
A portion of a lot or a developed property, sized to allow
the installation of a subsurface sewage disposal area, which is reserved
to allow that installation in the event of the malfunction of the
originally installed on-lot sewage disposal system.
The residual scum and sludge pumped from septic systems.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings, any
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 of which constitutes pollution
under the Act of June 22, 1937, P.L. 1987, No.394, known as the "Clean
Streams Law," as amended.[1]
The official of the township who issues and reviews permit
applications and conducts such investigations and inspections as are
necessary to implement Act 537 and the rules and regulations promulgated
thereunder.
Any area or areas of a township for which a sewage management
program is recommended by the township's adopted Act 537 Official
Sewage Facilities Plan.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article and other administrative
requirements adopted by the township to effectively enforce and administer
this article.
A form provided by the township to be completed by the pumper/hauler
which provides certification to the township of septic system pumping,
cleaning and certain repairs.
The division or re-division of a lot, tract or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devices, transfer of ownership or building
or lot development.[2]
The Township of Bern, Berks County, Pennsylvania.
An individual employed by the township to administer and enforce the Chapter 184, Zoning, of the Code of the Township of Bern.
From the effective date of this article, its
provisions shall apply throughout the Township of Bern. The provisions
of this article shall apply to all persons owning or occupying any
property serviced by an on-lot sewage disposal systems.
A.
No person shall install, rehabilitate, construct or
request bid proposals for construction or alteration of an individual
sewage system or community sewage system, or construct or request
bid proposals for construction or installation or occupancy of any
building or structure for which an individual sewage system or community
sewage system is to be installed, without first obtaining permit indicating
that the site and the plans and specifications of such systems are
in compliance with the provisions of the Pennsylvania Sewage Facilities
Act and the standards adopted pursuant to that Act.[1]
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
B.
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 Sewage Enforcement Officer.
C.
The township requires applicants for sewage permits
to notify the Sewage Enforcement Officer of the schedule for construction
of the permitted on-lot sewage disposal system inspection in addition
to the final inspection required by Act 537 may be scheduled and performed
by the Sewage Enforcement Officer.
D.
No building or zoning permit shall be issued by the
township or its Zoning Officer or building official for a new building
which will contain sewage-generating facilities until a valid sewage
permit has been obtained from the Sewage Enforcement Officer.
E.
No building or zoning permit shall be issued and no
work shall begin on any addition, alteration or conversion which will
result in the increase or potential increase of sewage flows from
the structure, until the township's Zoning Officer and the structure's
owner receive from the township's Sewage Enforcement Officer either
a permit for alteration, rehabilitation or replacement of the existing
sewage disposal system or written notification that such a permit
will not be required. The township's authorized agent shall determine
whether the proposed addition, alteration or conversion of the structure
will result in increased sewage flows.
F.
No occupancy permit shall be issued by the township,
its Zoning Officer or building officials for the occupancy of any
new building, addition, alteration or the change of use of any building,
addition or alteration until the Sewage Enforcement Officer has informed
the township or said official that the existing sewage system or newly
constructed sewage system is complete, operating and has had final
inspection or that no such certification is necessary.
G.
Sewage permits must be issued by the township's Sewage
Enforcement Officer.
H.
No contractor may proceed to install, construct, rehabilitate
or alter a system without verifying that the property owner has compiled
with this section.
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 article.
B.
The inspection may include a physical tour of the
property, the taking of samples from surface water, wells and/or 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 municipality's authorized agent shall have the
right to enter upon land for the purposes of inspection describe herein.
D.
An inspection may be conducted by the township's authorized
agent after the effective date of this article for the purpose of
determining the type and functional status of each sewage disposal
system in the sewage management district. A written report shall be
furnished to the owner of each property inspected, and a copy of said
report shall be maintained in the municipal records.
E.
A schedule of routine inspections may be established
by the township if necessary to assure the proper function of any
one or all of the systems in the sewage management district.
F.
The township's authorized agent shall inspect systems
known to be, or alleged to be, malfunctioning. Should said inspections
reveal that the system is indeed malfunctioning, the township and
its authorized agent shall take action to require the correction of
the malfunction. If total correction is not technically or financially
feasible in the opinion of the authorized agent, then action by the
property owner to mitigate the malfunction shall be required.
G.
There may arise geographic area within the township
where numerous on-lot sewage disposal systems are malfunctioning.
A resolution of these area-wide problems may necessitate detailed
planning and municipally sponsored revision to that area's Act 537
Official Sewage Facilities Plan. When the Department of Environmental
Protection authorized 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 municipal officials, represents a serious public health or environmental
threat.
A.
Only normal domestic wastes shall be discharged into
any on-lot sewage disposal system. The following shall not be discharged
into the system:
(1)
Industrial waste.
(2)
Automobile oil and other non-domestic oil.
(3)
Toxic or hazardous substances or chemicals, including
not limited to pesticides, disinfectants, acids, paints, paint thinners,
herbicides, gasoline and other solvents.
(4)
Clean surface or ground water, including water from
roof or cellar rains, springs, basement sump pumps and french drains.
B.
The municipality's authorized agent may require installation
of water conservation devices and other methods to improve system
operations.
A.
Any person owning a building served by an on-lot sewage
disposal system which contains a septic tank shall have the septic
tank pumped by a licensed pumper/hauler. The initial and basement
pump-out intervals shall begin not later than one year from the date
of installation.
|
Table I
Estimated Septic Tank Pumping
Frequencies in Years
(For Year-Round Residence)
| |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Tank Size
(gallons)
|
Household Size
(Number of People)
| ||||||||||
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
| ||
|
500
|
5.8
|
2.6
|
1.5
|
1.0
|
0.7
|
0.4
|
0.3
|
0.2
|
0.1
|
—
| |
|
750
|
9.1
|
4.2
|
2.6
|
1.8
|
1.3
|
1.0
|
.7
|
0.6
|
0.4
|
0.3
| |
|
900
|
11.0
|
5.2
|
3.3
|
2.3
|
1.7
|
1.3
|
1.0
|
0.8
|
0.7
|
0.5
| |
|
1,000
|
12.4
|
5.9
|
3.7
|
2.6
|
2.0
|
1.5
|
1.2
|
1.0
|
0.8
|
0.7
| |
|
1,250
|
15.6
|
7.5
|
4.8
|
3.4
|
2.6
|
2.0
|
1.7
|
1.4
|
1.2
|
1.0
| |
|
1,500
|
18.8
|
9.1
|
5.9
|
4.2
|
3.3
|
2.6
|
2.1
|
1.8
|
1.5
|
1.3
| |
|
1,750
|
22.1
|
10.7
|
6.9
|
5.0
|
3.9
|
3.1
|
2.6
|
2.2
|
1.9
|
1.6
| |
|
2,000
|
25.4
|
12.4
|
8.0
|
5.9
|
4.5
|
3.7
|
3.1
|
2.6
|
2.2
|
2.0
| |
|
2,250
|
28.6
|
14.0
|
9.1
|
6.7
|
5.2
|
4.2
|
3.5
|
3.0
|
2.6
|
2.3
| |
|
2,500
|
31.9
|
15.6
|
10.2
|
7.5
|
5.9
|
4.8
|
4.0
|
4.0
|
3.0
|
2.6
| |
B.
A map (known as "Plate 8 of the Bern Township Official
Plan," adopted) is made part of this article delineating existing
areas and proposed of on-lot sewage disposal. Following the initial
pump-out, every person shall have the tank pumped as per the Table
1 Guidelines Established by PADEP. A sewage system certification form
from the pumper/hauler shall be submitted to the township immediately
after each pump-out.
C.
Any tank pumping shall include an inspection of the
baffles within the tank. If the baffles are in deteriorated condition,
the property owner is responsible to ensure replacement of the baffles
with sanitary tees. No permit shall be required to replace deteriorated
baffles with sanitary tees.
D.
The required pumping frequency may be increased at
the discretion of the township's 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 is shown. If any person can prove that their
tank had been pumped within three years of the effective date of this
article, the township may delay that person's initial required pumping
to conform with Table 1 Estimated Septic Tank Pumping Frequencies.
E.
Any person owning a building served by an on-lot sewage disposal system which contains an aerobic treatment tank shall follow the operation and maintenance recommendations of the equipment manufacturer. In no case may the pumping intervals for aerobic treatment tanks exceed those required for septic tanks. Such persons shall maintain the aerobic system as required by the manufacturer's operation manual. A sewage system certification form from the pumper/hauler shall be submitted of the township consistent with the required pumping periods in § 138-60A of this article.
F.
Any person owning a building served by a cesspool
or dry well shall have that system pumped according to the scheduled
prescribed for septic tanks. In a system consisting of a cesspool
or dry well preceded by an approved septic tank, only the septic tank
must be pumped at the prescribed interval.
G.
Any system pumping shall include an inspection of
the sidewalls of the cesspool or dry well. If the sides are in need
of cleaning, the homeowner is responsible to ensure completion and
documentation of cleaning.
H.
The township's authorized agent may require additional
maintenance activity as needed, including but not necessarily limited
to cleaning and unclogging of piping, servicing and the repair of
mechanical equipment, leveling of distribution boxes, tanks and lines,
removal obstruction roots or trees, the diversion of surface water
away from the disposal area, etc.
I.
The township may issue a written notice of violation
to any person who is the owner of property in the township from whom
the township has not received a sewage system certificate form proving
that they have had their septic tank, cesspool or dry well pumped
within the time limits as specified in this article.
J.
Within 30 days of notification by the township that
a septic tank, cesspool or dry well has not been pumped within the
time limits set by this article, the owner shall have said septic
tank, cesspool or dry well pumped, and pumper/hauler shall provide
the township with a sewage system certification showing that it has
been pumped.
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 an on-lot septic system. No sewage system shall
discharge untreated or partially treated sewage to the surface of
the ground or into the waters of the this commonwealth, unless a permit
to discharge has been obtained from the Pennsylvania Department of
Environmental Protection.
B.
The township 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.
C.
Within 30 days of notification by the township that
a malfunction has been identified, the property owner shall make application
to the Sewage Enforcement Officer for a permit to repair or replace
the malfunctioning system. Within 60 days of initial notification
by the township, the construction shall be completed unless extended
due to unfavorable weather upon recommendation of the Bern Township
Sewage Enforcement Officer and approved by the Bern Township Code
Enforcement Officer. Extensions approved hereunder shall be limited
to 14 days.
D.
The township's authorized agent shall have the authority
to require of any malfunction by the following methods: cleaning,
repair or replacement of components of the existing system, additional
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, connection to central
collection system, other alternatives as appropriate for the specific
site.
E.
In lieu of, or in combination with, the remedies described in Subsection D above, the township's authorized agent may require the installation of water conservation equipment and the institution of water conservation equipment and the institution of water conservation practices in structures served. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structures served. 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.
F.
Should none of the remedies described above prove
totally effective in eliminating the malfunction of an existing on-lot
sewage disposal system, the property owner is not absolved of responsibility
for that malfunction. The township may require the property owner
to install a holding tank and provide evidence of a suitable maintenance
agreement therefor or require connection to a public system.
G.
In areas that have been designated by the township
for future service by sanitary sewer lines, the township's authorized
agent may design a program of interim remedial actions to be implemented
until a sanitary sewer is available to the effected property.
The township, upon written notice from the township's
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 article, shall
have the authority to perform or contract to have performed the work
required by the township's authorized agent. The owner shall be charged
for the work performed, and, if necessary, a lien shall be entered
therefor in accordance with the law.
A.
All septage originating within the municipal sewage
management district shall be disposed of at sites or facilities approved
by the Pennsylvania Department of Environmental Protection. Approved
sites or facilities shall include the following: septage treatment
facilities, wastewater treatment plants, composting sites and approved
farmlands.
B.
Septage pumper/haulers operating within the municipal
sewage management district shall operate in a manner consistent with
the provisions of the Pennsylvania Solid Waste Management Act 97 of
1980, 35 P.S. §§ 6018.101 through 6018.1003.
C.
All pumper/haulers must obtain a license from the
township to pump septage within or from the township.
D.
The township shall establish rules and regulations
for the licensing procedure and shall set fees for the licensing by
way of resolution.
A.
All permits, records, reports, files and other written
material relation to the installation, operation and maintenance and
malfunction of on-lot sewage disposal systems in Bern Township shall
become the property of the township. Existing and future records shall
be available for public inspection. All records pertaining to sewage
permits, building permits, occupancy permits and all other aspects
of the township's sewage management program shall be made available,
upon request, for inspection by representatives of the Pennsylvania
Department of Environmental Protection.
B.
All fees imposed shall be in accordance with the fee
schedule adopted by the Board of Supervisors and in effect at that
time. The township shall subsequently collect fees by any appropriate
method, including the use of municipal liens, to cover the cost to
the township of administering this program.
A.
Appeals from the determination of the township or
its authorized agents, under this article, shall be made to the Board
of Supervisors. Such appeals shall be in writing, addressed to Board
of Supervisors at the business office and shall be filed within 30
days of the data of determination appealed from.
B.
Hearings. Appeal hearings shall be conducted by an
independent arbitrator selected by agreement of the appellant and
the Board of Supervisors or otherwise appointed by and pursuant to
the rules of the American Arbitration Association. The arbitrator
shall conduct hearings and decisions in accordance with the following
requirements, in addition to those rules which are published by the
American Arbitration Association and in effect.
(1)
Written notice shall be given to the appellant, the
Zoning Officer, such other persons as the township shall designate
by ordinance, to any person who has made timely request for the same
and to any other persons as the Board of Review shall determine. Written
notices shall be given at such time and in such manner as shall be
prescribed by the Board of Supervisors but shall not give less than
15 days' notice of said hearing.
(2)
The township may prescribe reasonable fees with respect
to hearings before the arbitrator. Fees for such hearings shall include
compensation for the independent arbitrator, the secretary and notice
and advertising costs and necessary administrative overhead connected
with the hearing. The cost, however, shall not include legal expenses
of the township or expenses for engineering, architectural or other
technical consultants or expert witness costs.
(3)
The hearing shall be held within 45 days from the
date of the arbitrator's appointment, unless the appellant has agreed,
in writing, to the extension of time.
(4)
The hearing shall be conducted in a place provided
by the Board of Supervisors.
(5)
The decision of the arbitrator shall be made in writing
within 30 days of the termination of the hearing and shall be communicated
by first-class mail to the appellant and any other parties who have
appeared the addresses set forth by them.
(6)
The parties to the hearing shall be the township,
the appellant, any person affected by the appeal who has made timely
appearance of record before the Board of Supervisors and any other
person, including civic, community or state organizations, permitted
to appear by the Board of Supervisors. The independent arbitrator
shall have the power to require that all persons who wish to be considered
parties enter appearance in writing.
(7)
The arbitrator presiding shall have the power to administer
an oath and issue subpoenas to compel the attendance of the witnesses
and documents requested by the parties.
(8)
The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses on all relevant
issues.
(9)
Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be precluded.
(10)
The arbitrator shall not be required to keep
a stenographic record of the proceedings; however, any party desiring
to keep a stenographic record will be allowed to do so at their expense.
Said stenographic record shall be compiled by a properly recognized
stenographer. Any parties ordering stenographic records shall pay
their own costs.
(11)
The decision of the arbitrator shall be considered
binding on all parties.
A.
Enforcement notice. If it appears to the township
that a violation of this article has occurred, the township shall
initiate enforcement proceedings by sending an enforcement notice
as provided in this section.
B.
The enforcement notice shall be sent to the owner
of record of the parcel on which the violation has occurred and to
any person who has filed a written request to receive enforcement.
Notices regarding the subject parcel may be forwarded to any person
as requested in writing by the owner of record.
C.
The enforcement notice shall state at least the following:
(1)
The name of the owner of record or any other person
against whom the township intends to take action.
(2)
The location of the property violation.
(3)
The specific violation, with the description of the
requirements which have not been met, citing in each instance the
applicable provisions of this article.
(4)
The date before which the steps for compliance must
be commenced and the date before which the stops must be completed.
(5)
That the recipient of the notice has the right to
appeal to the Board of Supervisors within a prescribed period of time
in accordance with the procedures set forth in this article.
(6)
That failure to comply within that time specified,
unless extended by appeal to the Board of Supervisors, constitutes
a violation with possible sanctions clearly described.
D.
Jurisdiction. District Justices shall have initial
jurisdiction over proceedings brought under this article.
E.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which
has violated or permitted the violation of any provisions of this
article shall, upon being found liable therefor in civil enforcement
proceeding commenced by the township, pay a fine or judgment of not
less than $300 nor more than $2500, plus all court costs. In addition
to the foregoing penalties, the township may separately assess the
cost of damages caused by said violation, as well as the cost of correcting
the violation, including reasonable attorney's fees. Damages resulting
from a violation of a continuous nature shall be assessed on a continuing
basis, not to exceed $2,500 per week for each week that the violation
continues after the date of the notice of original assessment. No
judgment shall commence or be imposed, levied or payable until the
date of the determination of violation by the District Justice. If
the defendant neither pays nor timely appeals the judgment, the township
may enforce the judgment pursuant to the applicable Rules of Civil
Procedure. All judgments, costs and reasonable attorney's fees collected
for the violation of this article shall be paid over to the township.
(2)
The Court of Common Pleas, upon petition, may grant
an order of stay upon cause shown tolling the per diem fine pending
a final adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed
or interpreted to grant any person or entity other than the township
the right to commence an action for enforcement pursuant this section.
