[Adopted 5-16-1994 by Ord. No. 360]
A. 
Septic tanks, subsurface waste disposal systems, may be used as a means of sanitary waste disposal in areas of Exeter Township providing they comply with all provisions of Chapters 71, 72 and 73 of the Rules and Regulations promulgated by Pennsylvania Department of Environmental Protection and subsequent amendments thereof, and the provisions of this article.
B. 
The aforementioned systems are an adequate and beneficial system of domestic waste disposal, if properly installed, operated and maintained. However, they may constitute a problem in the Township for several reasons, including:
(1) 
Poor site evaluation.
(2) 
Inadequate design.
(3) 
Poor construction.
(4) 
Hydraulic overloading.
(5) 
Lack of maintenance, which may result in the following:
(a) 
Ground and surface water pollution.
(b) 
Foul odors.
(c) 
Well contamination.
(d) 
Nuisance problems.
(e) 
Hazards to public health.
C. 
This article establishes the authority to regulate the installation, inspection, maintenance, operation, rehabilitation and replacement of existing and future (all) subsurfaces waste disposal systems.
A. 
For the purpose of this article, the following terms shall be defined as set forth below, unless a different meaning is plainly required by the contest:
ALTERATION
The repair, modification or replacement of any component of a subsurface waste disposal system.
AUTHORIZED AGENT
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 specified limits as the agent of Exeter Township to carry out the provisions of this article.
COMMUNITY SUBSURFACE SEWAGE SYSTEM
Any below ground wastewater disposal system, including sand mound, which accommodates sewage generated from more than one residence or dwelling.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
HOLDING TANK
A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. Holding tanks include, but are not limited to, the following:
(1) 
CHEMICAL TOILETA toilet using chemicals that discharge to the holding tank.
(2) 
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
(3) 
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
INDIVIDUAL SURFACE WASTE DISPOSAL SYSTEM
A system for the disposal of domestic wastewaters operating below ground level and located on or near the site of the building or buildings being served by the system, e.g., septic tank or aerobic unit with discharge effluent flowing to drainage field or sand mound.
PERSON
Any individual, partnership, company, corporation or other group or entity.
SEPTAGE
The products of domestic sewage which are discharged into a central collection septic tank, holding tank, cesspool and/or aerobic tank for primary treatment and which shall be periodically pumped and disposed of at a Pennsylvania Department of Environmental Protection approved site.
SEWAGE
Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings, related facilities or animals and any noxious or deleterious substance being harmful or inimical to the public health, or to animal life, or to the use of water for domestic water supply or for recreation. Industrial wastes, nondomestic oils and petroleum products, toxic and hazardous substances are not considered sewage and shall not be discharged into a subsurface disposal system, community system, or public sewer. The Township or its engineer shall make the final determination when a wastewater will be classified as not typical sewage.
SEWAGE ENFORCEMENT OFFICER
A person authorized by the Pennsylvania Department of Environmental Protection as per Chapter 71, Administration of Sewage Facilities Program, of Title 25, Rules and Regulations, to perform percolation tests, site and soil evaluations and issue sewage permits for on-lot systems.
SEWAGE PERMIT
Proof or evidence that the proposed subsurface waste disposal system-for a realty improvement is in compliance with Chapter 73, Standards for Sewage Disposal Facilities, of Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection and/or any supplements or revisions thereto.
SUBDIVISION
Any legal division of land.
TOWNSHIP
Exeter Township, Berks County, Pennsylvania.
WASTEWATER
Refers to sewage.
B. 
All other definitions or words and terms used in this article shall have the same meanings as set forth in Chapter 73, Standards of Sewage Disposal Facilities, of Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection, and/or any supplements or revisions thereto.
A. 
Sewage permits shall comply with all provisions of "Chapters 72 and 73, Standards for Sewage Disposal Facilities" of "Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection, and/or any supplements or revisions thereto, and comply with this article. Sewage permits shall be obtained from the Township appointed Sewage Enforcement Officer prior to conducting any alteration, construction or repair to any sewage system within the Township, regardless of lot size or configuration. The Township shall retain final authority for the conditions and issuance of sewage permits.
B. 
The Code Enforcement Officer or authorized person of the Township shall not issue a building permit, certification of occupancy for a building structure to be served by an individual or community subsurface sewage system prior to receiving a sewage permit for that sewage system, as provided for and in accordance with the Pennsylvania Sewage Facilities Act (P.L. 537, as amended) and pursuant to rules and regulations and/or the provisions of this article.
C. 
All sand mound sewage systems, community sewage systems and oversized sewage systems shall require that sufficient area be set aside to provide for a replacement absorption area, should the original absorption area fail, maintaining all of the appropriate isolation distance established by Chapter 73 and the provisions of this article.
D. 
All sewage systems shall provide at a minimum the following, in addition to the standard items required by the Pennsylvania Department of Environmental Protection, Chapter 73:
(1) 
Cleanouts at end of laterals with removal plug for all pressurized distribution.
(2) 
Piping from treatment tank to absorption area be minimum thickness of Sch. 40 plastic.
(3) 
A distribution box, approved by the Sewage Enforcement Officer shall be employed in all gravity feed distribution systems.
(4) 
All gravity feed systems shall have at least one cleanout in seepage bed piping, to identify location and check ponding, installed with wate tight cap above final grade.
A. 
The owner of any building serviced by a subsurface waste disposal system shall be subject to all the requirements herein. "Owner" is defined to include a natural person, corporation, partnership or any approved subdivision. If the owner does not live in said building, she/he remains responsible for complying with this article. Responsibility for compliance may be transferred to the lessee or resident of the building by an agreement between the owner and lessee or resident. The Township will not recognize said agreement until notified in writing. If the lessee or resident shall move out of the building, responsibility for compliance shall revert back to the owner, even though a valid agreement with the lessee or resident continues to exist.
B. 
Upon transfer of responsibility, for compliance, the owner shall provide the lessee or resident with a copy of all information concerning prior installation, operation and maintenance of the subsurface waste disposal system.
C. 
Upon transfer of responsibility for compliance in accordance with the above requirements, all references to "owner" in this article shall hereinafter refer to the lessee or resident of the building.
D. 
The owner of any building serviced by a subsurface waste disposal system within the Township shall become subject to all of the requirements contained herein, upon the occurrence of one of the following events:
(1) 
Receipt of a sewage permit from the Sewage Enforcement Officer/Township for the installation or rehabilitation of a subsurface waste disposal system and/or alternative system (See § 305-31).
(2) 
Transfer of ownership of the building.
(3) 
Malfunctioning of the subsurface waste disposal system and/or alternative system (See § 305-35).
(4) 
In the case of an existing building or system, upon the passage of this article.
(5) 
Increase the sewage flows to the system beyond the permitted sewage system capacity after the passage of this article.
A. 
A small community system is any subsurface water disposal system and/or alternative system which services two or more buildings on different sites. Privately owned small community systems are subject to the same requirements of this article as individual subsurface waste disposal systems and/or alternative systems. In addition, the following shall be applicable to small community systems:
(1) 
A list of the names and addresses of all participants in the small community systems shall be provided to the Township.
(2) 
Participants shall be equally liable for expenses incurred by the Township or its authorized agent on the shared component of the community system unless they have decided among themselves to assume unequal burdens of responsibility for the system, in which case the Township shall assess expenses incurred accordingly.
(3) 
Expenses incurred on the individual property of participants by the Township or its authorized agent shall be assessed against the individual participant.
B. 
Participants in a small community system shall be assessed directly for expenses incurred by the Township or its authorized agent unless an organization exists that manages the system, in which case the Township may deal solely with that organization.
A. 
All subsurface disposal systems shall have construction observations by the Township Sewage Enforcement Officer during performance of the various tasks as follows:
(1) 
Sand mounds.
(a) 
Chisel plow.
(b) 
Sand placement.
(c) 
Stone and pipe placement with all pumps complete.
(d) 
Final grade and berm.
(2) 
Other systems. Prior to cover, all parts or as specifically indicated on permit application.
B. 
Construction observation requests should be received by the Township Sewage Enforcement Officer two working days prior to requiring same. All sewage systems shall require Inspection regardless of time of inspection request.
C. 
A subsurface waste disposal system and/or alternative system is malfunctioning when it causes pollution of ground or surface waters, contamination of private or public drinking water supplies, nuisance problems, or a hazard to the public health. Indications of a malfunctioning system include, but are not limited to, foul odors, lush grass growing over the system, backup of wastewater into the attached building, soggy ground over the system, surfacing sewage effluent over the ground and occurring at any time of the year.
D. 
A copy of the construction observation report shall be furnished to the owner and shall contain: the date of observation, name and address of system owner, contractor's name, date and time of request, date and time of observation and all conditions observed.
A. 
Any subsurface waste disposal system and/or alternative system or component thereof which is found to be malfunctioning and causing pollution of groundwater or surface water, contamination of private or public drinking water supply, a nuisance or a hazard to the public health, shall be repaired, modified or replaced, pursuant to the order of the Township Sewage Enforcement Officer to correct the condition caused by the malfunction. Rehabilitation shall be performed in accordance with "Chapter 73, Standards for Sewage Disposal Facilities" of "Title 25, Rules and Regulations," Pennsylvania Department of Environmental Protection. The Sewage Enforcement Officer shall inspect rehabilitation and certify their compliance with state and local standards.
B. 
The Township shall retain final authority for the conditions and issuance of sewage permits.
C. 
The Township Sewage Enforcement Officer shall have the authority to order the repair of any existing subsurface waste disposal system and/or alternative system, including, but not limited to, the installation of a new conventional drainage field, the addition of dosing tanks and distribution boxes to the system, the replacement of any component of the system, and the replacement of an existing septic system with a completely different system such as a holding tank, an aerobic system or waterless toilet. The Township shall also have the authority to require two or more buildings serviced by malfunctioning septic tanks and subsurface drainage fields to hook up to a small community system.
D. 
Rehabilitation of a subsurface waste disposal system and/or alternative system ordered by the Township Sewage Enforcement Officer shall commence construction within 30 days of issuance of said order and shall be completed within 60 days, unless seasonal conditions mandate a longer period, in which case the Township Sewage Enforcement Officer shall set the extended completion date. If construction is not commenced or completed within the allotted time period, the Township Sewage Enforcement Officer shall set the extended completion date. If construction is not commenced or completed within the allotted time period, the Township Sewage Enforcement Officer shall file the proper legal proceedings as provided in § 305-41.
E. 
The owner of a subsurface waste disposal system and/or alternative system shall not undertake any independent repair, modification or replacement of the system without prior notice to and approval of the Township Sewage Enforcement Officer. Upon completion, the Sewage Enforcement Officer shall inspect the rehabilitated system and certify its compliance with state and local standards prior to its use.
F. 
The Township may apply for federal and state grants, if available, to be used for the rehabilitation of subsurface waste disposal systems and/or alternative systems.
A. 
Employees and authorized agents/personnel of the Township shall, upon presentation of proper credentials and identification, be permitted to enter upon all properties for the purpose of inspection, observation, sampling, maintenance and rehabilitation of subsurface waste disposal systems or other alternative systems in accordance with the provisions of this article.
B. 
The right to enter shall include the right to excavate any part of the property to inspect, maintain or alter any component of the subsurface waste disposal system and/or alternate system, or to sample soil, water or septage. Upon completion of the activity requiring excavation, the Sewage Enforcement Officer shall return the land to its former condition as soon as possible.
A. 
All septage generated from domestic sewage shall be disposed at sites or facilities approved by Pennsylvania Department of Environmental Protection and operated in accordance with state regulations. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites and on approved farmlands.
B. 
The Township may provide for the disposal of septage at a site or facility owned and operated by it or through a contractual agreement with a municipal utilities authority, sewage authority or private party. Any contractual agreement or site or facility owned and operated by the Township may restrict the acceptance of septage not collected within the Township. If such restriction exists, the septage waste hauler must certify to the disposal site or facility operator upon delivery of septage, that the entire contents of the truck come from systems located within the Township. If the truck contains the septage from outside of the Township, the disposal site or facility operator may refuse to accept the entire truckload.
C. 
All septage waste haulers doing business in the Township must possess a copy of the permit issued by the Pennsylvania Department of Environmental Protection authorizing the disposal of septage or waste sludge and must notify the Township that they are operating in the Township.
D. 
Any septage waste hauler who violated any local or state laws, conditions of its state permit or regulations of Exeter Township or disposal site or facility, facilities, disposal of septage from outside the Township at sites or facilities, disposal of septage from outside the Township at sites or facilities that only accept septage from within the Township, or failure to clean up after disposing of its septage, may be prohibited from operating in the Township. Such action may be appealed by the aggrieved party through the administrative appeal process detailed in § 305-39.
A. 
All lots shall be required to have a six hole satisfactory percolation test and at least two deep probe analyses per lot as determined by the Township Sewage Enforcement Officer prior to being considered for subdivision or land development approval.
B. 
All newly proposed subdivision or land development lots, which only qualify for an elevated sand mound sewage system, shall be required to be retested for a second alternate disposal site and shall only be considered for approval providing a primary and alternate disposal site are completely tested and accepted in compliance with all the provisions of Chapter 73 Pennsylvania DEP Rules and Regulations. This second site shall include two additional probes and a percolation test. The final approved plan shall reserve both the primary and alternate disposal sites in order that the salve are not disturbed during the construction process.
C. 
All subdivision land development projects which propose over 10 residential lots or densities greater than two EDUs or 800 gallons per acre shall require a preliminary background nitrate study in order to evaluate conditions on site and within one quarter mile of said site. Providing background nitrate concentrations test any site to be greater than five parts per million prior to development, a detailed hydrogeological study shall be required according to the provisions of Component Planning Module III and further specified by Pennsylvania DEP requirements. The study shall evaluate the effect of the proposed sewage disposal on the water supply within the site and downstream of the same, and should said study show that the plume of any sewage system shall intercept with the waters of the Commonwealth as defined in Pennsylvania DEP regulations causing a concentration greater than 10 milligrams per liter the site shall be denied and/or the sewage flow be reduced proportionately to eliminate a pollution condition.
A. 
Appeals from decisions of the Township Sewage Enforcement Officer shall be made to the Township Secretary, in writing, within 30 days from the date of the decision issued, in writing, by the Township Sewage Enforcement Officer.
B. 
The appellant shall be entitled to a hearing before the Board of Supervisors at its next regularly scheduled meeting if made at least 14 days prior to the meeting. If made within 14 days of the next meeting, the appeal shall be heard at a special meeting. The Board of Supervisors shall thereafter reverse, modify or affirm the aforesaid decision. The hearing may be postponed for good cause shown by the appellant or the Township. Additional evidence may be introduced at the hearing provided it is submitted with the written notice of appeal.
C. 
A decision shall be rendered within 30 days of the date of hearing. If a decision is not rendered within 30 days, the relief sought by the appellant shall be deemed granted.
The Board of Supervisors of Exeter Township may by resolution adopt and amend from time to time a schedule of fees to be paid to Exeter Township for administration and enforcement of this article.
[Amended 8-13-2007 by Ord. No. 640]
A. 
Any subsurface waste disposal system and/or alternative system owner found to be violating the following provisions of this article shall be served by the Township Sewage Enforcement Officer with written notice stating the nature of the violation and the penalties prescribed in § 305-41B and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any person violating any of the provisions of this article or who shall violate the provisions of the Pennsylvania Sewage Facilities Act (Act of January 24, 1966, P.L. 1535, as amended) shall, upon conviction before any Magisterial District Judge, be subject to the payment of a fine not exceeding $1,000 and the payment of the costs of prosecution for each offense, or shall be subject to imprisonment for a period not exceeding 90 days. Each day's continuance of any violation of this article shall constitute a separate offense, punishable by a like fine, costs and imprisonment in default of payment thereof.
C. 
Any septage waste hauler who violates any of the provisions of this article or regulations of the Township, the conditions of the state permit, or of any state or local law governing its operations, shall, upon conviction thereof, be suspended from operating within this Township for a period of not less than six months nor more than two years for each violation, to be determined by the Township.