[Adopted 2-13-2006 by Ord. No. 613]
The purposes of this article include:
A.
The regulation of soil testing for and installation,
inspection, operation, rehabilitation, replacement, and timely ongoing
maintenance of on-lot systems within the Township; and
B.
The establishment of provisions and safeguards for
the Township which enable the issuance of permits for bonded systems
by the Sewage Enforcement Officer (SEO); and
C.
Establishment of minimum standards for the periodic
pumping of treatment and pump tanks which are components of OLDS permitted
by the SEO; and
D.
Adoption, by reference, of standards for initial inspection
and subsequent pumping of systems and tanks; and
E.
Establishment of standards for the proper abandonment
of OLDS.
The following words and terms when used in the
article shall have the following meanings:
A component of an individual or community OLDS where liquid
from a treatment tank seeps into the soil; it consists of an aggregate-filled
area containing piping for the distribution of liquid and the soil
or sand/soil combination located beneath the aggregate.
A portion of a lot, tract, or parcel that encompasses the
primary and replacement area and which shall be delineated and preserved.
The primary and replacement areas need not be contiguous.
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
A certified Sewage Enforcement Officer (SEO), professional
engineer, or sanitarian, plumbing inspector, soil scientist, water
quality specialist, or any other person who is designated to carry
out the provisions of this article as the agent of the Board of Supervisors
of Exeter Township.
The Board of Supervisors of Exeter Township, Berks County,
Pennsylvania.
An individual sewage system located on a single lot serving
a single-family residence, where soil mottling is within 20 inches
of the mineral soil surface and the installation, operation, and replacement
of which is guaranteed by the property owner.
A farm or tractor implement used to "rough up" or scarify
the soil surface, break down surface vegetation, and increase the
soil surface area.
A system, whether publicly or privately owned, for the collection
of sewage or industrial wastes of a liquid nature from two or more
lots and for the treatment or disposal of the sewage or industrial
waste on one or more of the lots or at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
Any person, partnership, or corporation which erects or contracts
to erect a building on property owned by it, with the intent to sell
the building to some other party upon its full or partial completion
or upon the conveyance of property on which the building is to be
built.
For the purpose of determining the number of lots in a subdivision
or land development, that part of a multiple-family dwelling or commercial,
industrial, or institutional establishment with sewage flows equal
to 400 gallons per day.
An individual sewage system that uses a system of piping,
tanks, or other facilities for the collecting, treating, and disposing
of sewage into a soil absorption area or retaining tank.
An individual sewage system which uses a method of collection,
conveyance, treatment, and disposal other than renovation in a soil
absorption area or retention in a retaining tank.
A liquid, gaseous, radioactive, solid, or other substance,
which is not sewage, resulting from manufacturing or industry or other
plant or works and mine drainage, silt, coal mine solids, rock, debris,
dirt, and clay from coal mines, coal collieries, breakers, or other
coal processing operations. The term includes substances whether or
not generally characterized as waste.
The condition, which occurs when an on-lot system causes
pollution to the groundwater or surface waters, contamination of private
or public drinking water supplies, nuisance problems or hazard to
the public health.
A property shall be deemed to exhibit marginal conditions
if it displays any of the following characteristics: gross lot size
of less than 1.5 acre; wetlands; floodplain; limiting zones of less
than 20 inches to evidence of seasonal high water table or rock; slopes
in excess of 25%; isolation limitations that would limit available
space for OLDS or reduce the net lot size to less than 1.5 acres.
Individual or community on-lot sewage disposal system.
Any person, corporation, partnership, etc., holding deed
or title to lands within the Township.
A revision to, or exception to the revision of, the Official
Plan, submitted in accordance with DEP regulations, and in connection
with the request for approval of a subdivision or land development
plan.
An area on a lot, tract, or parcel of land which has been
tested by the SEO and found suitable, based upon the then current
DEP site requirements, for the installation of an on-lot sewage disposal
system and which will be preserved and protected from alteration for
installation of the initial on-lot sewage disposal system for the
sewage generated on that lot, tract, or parcel. See "replacement area."
An area on a lot, tract, or parcel of land, separate from
the primary area, which has been tested by the SEO and found suitable,
based upon the then current DEP site requirements, for the installation
of an on-lot system and which will be preserved and protected from
alteration for potential future use if the primary area on the same
lot, tract, or parcel shall fail for any reason. See "primary area."
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:
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
PRIVYA tank designed to receive sewage where water under pressure is not available.
INCINERATING TOILETA device capable of reducing waste material to ashes.
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.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
The residual scum, sludge, and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
Any substance that contains any waste products, or excrement,
or other discharge from the bodies of human beings or animals; a substance
harmful to the public health, animal or aquatic life, or the use of
water for domestic water supply or for recreation, or a substance
that constitutes pollution to the waters of the commonwealth under
the Clean Streams Law.
A practicing Pennsylvania ARC PAC or PAPSS Certified Soils
Professional qualified for on-lot sewage evaluations.
Exeter Township, Berks County, Pennsylvania.
A watertight tank designed to retain sewage long enough for
satisfactory bacterial decomposition of the solids to take place.
The term includes the following:
SEPTIC TANKA treatment tank that provides for anaerobic decomposition of sewage prior to its discharge to an absorption area.
AEROBIC SEWAGE TREATMENT TANKA mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its discharge to an absorption area.
Rivers, streams, creeks rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, ponds, springs, and
other bodies or channels of conveyance of surface and underground
water, or parts thereof, whether natural or artificial, within or
on the boundaries of this commonwealth.
A.
All individual or community on-lot systems, regardless
of the size of the lot, tract, or parcel on which they are proposed
to be constructed, are subject to issuance of a permit by the SEO
pursuant to the requirements of this article, the Act and regulations.
C.
All sewage system components, including absorption
areas, must be located on the same lot, tract, or parcel as the structure
they will serve. Systems or components cannot be located on a separately
deeded parcel, regardless of the parcel's ownership, except through
means of an easement.
D.
All planning modules proposing individual or community
sewage systems which require a DEP permit shall include a provision
granting the Township and its agents the right to enter the premises
to inspect the construction and/or operation of the DEP permitted
system and, if the system is not being constructed or operated according
to the permitted design, issue a stop-work order or revoke the occupancy
permit until construction or operation is brought into compliance
with the permit.
E.
No part or component of any OLDS shall be altered,
extended, augmented, modified, or repaired without the issuance of
a repair permit by the SEO.
F.
No OLDS shall be used or loaded in a manner that is
inconsistent with the permit that was issued to authorize the system's
installation.
G.
Permit applications for on-lot systems that include
electronically, mechanically, hydraulically, or pneumatically operated
or controlled devices shall be accompanied by the respective manufacturer's
recommended maintenance schedule and product specifications.
H.
Permit applications for which the provisions of Section
V.A. or Section VI.K. apply shall include a fully executed maintenance
contract indicating the person or company responsible to carry out
the required maintenance, the maintenance schedule, and a provision
that if the contract is terminated that the Township be so notified.
A.
Soil probe and percolation testing and/or soil morphological evaluations by a soil scientist to provide a replacement area shall be required on all proposed lots, which exhibit marginal conditions as defined in § 305-45.
B.
A replacement area shall be required for all unimproved
lots existing prior to the effective date of this article, which is
intended to be serviced by a soil absorption system and contain marginal
soils but for which a permit to install an on-lot system has not been
issued.
C.
Allowance of open land for the replacement area, without
performance of appropriate soil testing to verify suitability of the
land for a replacement area, shall not constitute compliance with
this section.
D.
The location of the primary and replacement areas
shall be delineated and identified as an absorption area easement
on the plot plans and maps or diagrams submitted as part of the permit
application and subdivision or land development plan.[1]
E.
The description, including metes and bounds, of every
absorption area easement shall be recorded as part of the deed for
each lot created as part of a subdivision or land development and
shall contain language reflecting the following:
(1)
No improvements, whether permanent or temporary, shall
be constructed upon or within the absorption area easement.
(2)
No permanent or temporary alterations, grading, excavation,
stockpiling of any soil or any other material shall take place on
or in the absorption area easement.
(3)
During any construction or other activities, the absorption
area easement shall be so marked to prevent equipment with greater
wheel loadings than a common garden tractor/riding mower from traveling
over or operating on the surface of the absorption area easement.
(4)
The final cover or improvement to every absorption
area easement shall be limited to shallow rooted vegetation. The exception
shall be where drip irrigation systems are proposed, trees will be
allowed to remain.
(5)
No trees shall be planted or remain which are located
within 10 feet of the proposed sewage absorption area.
F.
A landowner wishing to alter the use of the absorption
area easement must first document, through a site evaluation by the
SEO, that an additional area suitable for the installation of an on-lot
system exists, and upon such a finding shall:
A.
All sites shall have a minimum of two soil probes
excavated and observed by the SEO.
B.
Commercial or community sites shall have a minimum
of one probe every 50 feet on conventional ground-based systems and
one probe every 100 feet for drip and spray sites. Probes shall be
staggered in order that the lower probe is in the middle of the upper
two.
C.
All sites shall have a minimum of six percolation
test holes conducted uniformly within the proposed sewage absorption
area.
D.
Commercial and community sites shall require the following
number of percolation test holes as follows:
|
Proposed Absorption Area
(square feet)
|
Number of Percolation Test Holes
| |
|---|---|---|
|
2,000
|
9
| |
|
3,000
|
12
| |
|
4,000
|
15
| |
|
5,000
|
18
| |
|
6,000
|
21
| |
|
7,000
|
24
|
F.
All percolation and soil probe testing shall be observed
by the Township SEO to be valid.
G.
All percolation and probe excavations shall be located
on a referenced scaled plan drawing by the applicant or subdivider
within 60 days after completion.
H.
The applicant or land owner shall be responsible to
protect the safety, health and welfare of all individuals relative
to conducting on-site probe and percolation testing. The excavations
shall be protected during testing and closed within 72 hours thereafter.
A.
Permits for OLDS shall comply with all provisions
of the Pennsylvania Code, Title 25, Chapters 71, 72, and 73, and any
supplements or revisions thereto, and shall comply with this article.
A permit shall be obtained from the Township's appointed SEO 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 OLDS permits.
B.
The Code Enforcement Officer or authorized person
of the Township shall not issue a building permit for a building to
be served by either an individual or community OLDS without first
receiving a copy of the permit for the OLDS issued by the Township's
appointed SEO.
C.
The Code Enforcement Officer or authorized person
of the Township shall not issue an occupancy permit for a building
to be served by either an individual or community OLDS without first
receiving a copy of the permit for the OLDS bearing the signature
of the Township's SEO granting approval to cover.
D.
All systems shall provide, at a minimum, the following,
in addition to the standard items required by Pennsylvania DEP regulations:
(1)
Cleanouts at the end of laterals with a removable
plug for all pressurized systems.
(2)
All piping from the treatment tank to the absorption
area shall have a minimum thickness of Sch. 40 PVC.
(3)
Where a distribution box is used, a cleanout shall
be provided at the inlet of the "d-box" to identify location, installed
with watertight cap above final grade.
(4)
Where a manifold is used for gravity distribution,
at least one cleanout must be provided in seepage bed piping, to identify
location, and check ponding, installed with watertight cap above final
grade.
E.
Conventional in-ground trench sewage systems shall
have the following minimum horizontal separation distances from edge
of trench to edge of trench as follows:
|
Land Slope
(%)
|
Minimum Horizontal Separator
(feet)
| |
|---|---|---|
|
0% to 10%
|
6
| |
|
10% to 20%
|
7
| |
|
21% to 25%
|
8
|
A.
Privately owned community systems are subject to the
same requirements of this article as individual OLDS. In addition,
the following shall be applicable to community systems:
(1)
A list of the names and addresses of all participants
in the community system 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 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 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.
B.
All specified OLDS construction observations shall
permit visual review of all sewer system components prior to placing
soil cover.
C.
Any sewage system component covered without review
and observations by the SEO will be required to be opened for examination
prior to approval.
D.
No structure may be occupied nor any land placed in
use where an OLDS in utilized without the sewage system being approved
by the Township SEO.
E.
Construction observation requests should be received
by the SEO two working days prior to requiring same. All OLDS shall
require inspection regardless of time of inspection request.
F.
The Code Enforcement Officer or authorized person
of the Township shall not issue a demolition permit for any building
that is served by an OLDS without first receiving written notice from
the SEO that the OLDS has been properly abandoned.
G.
Landowners wishing to abandon an existing OLDS must
first contact the SEO for instructions and/or standards for the proper
abandonment of said system. The owner shall be responsible to pay
the necessary fees incurred for a minimum of one compliance inspection
in accordance with the current municipal fee schedule. Exact requirements
for safe abandonment of OLDS may vary according to the individual
system characteristics and design. Requests will be handled on a case-by-case
basis.
H.
Exeter Township's Plumbing Code requires the Township
to inspect the building sewer. The property owner/excavator shall
contact the Township prior to installation for requirements.
A.
The following minimum horizontal distances shall be
maintained between the named feature and the sewage absorption area
pump tank, septic tanks, and/or holding tank as follows:
|
Named Feature
|
Distance to HT, ST, PT, TP
(feet)
|
Distance to Sewage Absorption Area
(feet)
|
Distance to Alternate Drip Tubing
(feet)
| |
|---|---|---|---|---|
|
Water supply well
|
50
|
100
|
102
| |
|
Driveway
|
10
|
10
|
12
| |
|
Pools
|
10
|
50
|
52
| |
|
Occupied building
|
10
|
10
|
12
| |
|
Cistern
|
25
|
25
|
27
| |
|
Water suction line
|
50
|
100
|
102
| |
|
Water supply line under pressure
|
10
|
10
|
12
| |
|
Stormwater infiltration system
|
50
|
100 uphill
35 downhill
35 side
|
100 uphill
20 downhill
20 side
| |
|
Drainage swale
|
10
|
10
|
12
| |
|
Stormwater pond
|
25
|
50
|
52
| |
|
Stream or lake
|
25
|
50
|
52
| |
|
Grading or disturbed area
|
5
|
10
|
12
| |
|
Closed depression or minihole
|
50
|
100
|
102
| |
|
Slopes above 25%
|
10
|
10
|
10
| |
|
Property lines
|
10
|
10
|
12
| |
|
Unoccupied buildings
|
10
|
10
|
12
| |
|
Rock outcrop
|
10
|
10
|
12
|
|
HT =
|
Holding tank
| |
|
ST =
|
Sewage tank
| |
|
PT =
|
Pump tank
| |
|
TP =
|
Treatment plant
|
A.
All systems shall be operated by the owner in a manner
that is in full compliance with the terms of this article, Pennsylvania
DEP regulation, and the system's permit.
B.
Only sewage and normal domestic wastes may be discharged
into any OLDS.
C.
D.
The Township may require the on-site pretreatment
of effluents prior to their discharge to any sewage facilities owned
and operated by the Township or any other entity, to assure that the
effluent's chemical or biological constituents are compatible with
the renovative methods employed by the receiving facilities.
E.
The owner of a property upon which an OLDS is constructed
shall at all times operate and maintain the OLDS in such condition
as will permit it to function in the manner in which it was designed
and to prevent the unlawful discharge of sewage.
F.
The owner of a property upon which an OLDS is constructed
shall maintain the area around such system so as to provide convenient
access for inspection, maintenance, and pumping, and divert surface
water and downspouts away from the absorption area and system components.
G.
Every aerobic or septic treatment tank is recommended
to be pumped out in accordance with the table in Exhibit A attached
or more frequently for smaller nonconforming tanks.[1]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
H.
When an on-lot system's treatment tank is pumped out,
all dosing tanks, lift tanks, and other tanks associated with the
system shall also be pumped out.
I.
Holding tanks shall be pumped out at such intervals
as will prevent overflow, leakage, backup, other malfunction, or a
public health hazard or nuisance, but no less frequently than one
time per year in accordance with this article.
J.
The SEO may require additional maintenance activities,
including, but not limited to, the cleaning or unclogging of piping;
the servicing or repair of electrical or mechanical equipment; the
leveling of distribution boxes, tanks and lines; removal of obstructing
roots or trees; and diversion of surface water away from soil absorption
areas.
A.
In the event a property owner detects conditions that
indicate or could reasonably be interpreted to indicate a malfunction,
the landowner shall contact the SEO and, if repair or replacement
is necessary, apply for a permit to repair or replace the malfunctioning
system.
(1)
Landowners who disclose to the SEO the presence of
a malfunction upon their lands shall not be penalized for the disclosure.
(2)
If a landowner who has disclosed the presence of a
malfunction fails to make voluntary repairs, the Township may seek
injunctive or other relief to compel the repair of the malfunction
or cause the repair to be effectuated.
B.
The Township's appointed SEO shall have the authority
to order the repair or replacement of any existing sewage disposal
system with an up-to-date method of sewage disposal. This authority
shall include the replacement of any component of the system, the
addition of components to the system, and the replacement of an existing
septic system with a completely different system, as determined by
site evaluation and soil testing as deemed appropriate by the SEO.
C.
Rehabilitation of a malfunctioning system as ordered by the SEO 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 SEO will set the extended completion date. If construction is not commenced or completed within the allotted time period, the SEO shall file the proper legal proceedings as provided in § 305-55.
D.
The owner of a malfunctioning system may not undertake
any independent repair, modification, or replacement of the system
without prior notice to and approval of the Township SEO. Upon completion,
the SEO shall inspect the rehabilitated system and certify its compliance
with state and local standards prior to its use.
A.
Any OLDS owner found to be violating the provisions of this article shall be served by the Township's appointed Sewage Enforcement Officer with written notice stating the nature of the violation and the penalties prescribed in Subsection B 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 who shall violate any provision of this
article shall be liable for the payment of a fine and penalty in an
amount not less than $500 and not exceeding $5,000, plus costs, or
to imprisonment not to exceed 90 days, or both. Each day a violation
continues shall constitute a separate offense.
C.
Any septic waste hauler who violates any of the provisions
of this article, or regulations of the Township, and conditions of
its state permit or of any state or local law governing its actions
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.
D.
Upon written notice from the SEO that an imminent
health hazard exists due to failure of a property owner to properly
operate, maintain, repair, or replace an OLDS as provided under the
terms of this article, the Board shall have the authority to perform,
or contract to have performed, any repairs as may be directed by the
SEO to abate the health hazard.
E.
The costs for the actual repair, repair permit, and
site investigations in support of the permit shall be borne by the
property owner.
F.
The Township may take whatever action necessary to
recover those costs in accordance with the law, including entering
a lien against the property.
G.
The Township may seek injunctive relief to prevent
continued use of a malfunctioning system.
H.
A violation will be assessed against both parties
when the property is under joint ownership and a contractor if construction
occurred without compliance with this article.
A.
All permits for the installation of on-lot systems
shall be conditioned upon the inclusion of language in the deed establishing
a grant of right of entry by the landowner, his heirs, successors,
and assigns to the Township for the limited purpose of inspecting,
maintaining, sampling, testing, evaluating, or repairing the on-lot
system described in the application and permit. The right to enter
shall include the right to excavate any part of the property or to
sample soil water or septage. Upon completion of the activity requiring
excavation, the SEO shall return the land to its former condition
as soon as possible.
B.
The grant of right of entry cannot be revoked, suspended,
or discontinued by the present or any future owner.
C.
Any property on which an on-lot system presently exists
or on which an on-lot system is under construction shall not be conveyed
by the owner without the inclusion of language in the deed establishing
and assigning a nonrevocable grant of right of entry by the landowner,
his heirs, successors, and assigns to the Township for the limited
purpose of inspecting, maintaining, sampling, testing, evaluating,
or repairing the on-lot disposal system described in the application
and permit.
D.
In the event that the on-lot system is abandoned and
not replaced by another OLDS and all sewage is collected and treated
at a site not on the lot, the Township shall abandon the easement
and right of entry, which shall then cease.
A.
The owner of any property serviced by an OLDS shall
be subject to all the requirements contained herein.
B.
If the owner does not reside on the property in question
or within a building on said property, she/he remains responsible
for compliance with this article. Responsibility for compliance may
be transferred to the lessee or resident of the building by an agreement
between the owner and the 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 shall revert
back to the owner, even though a valid agreement with the lessee or
resident continues to exist.
C.
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 system.
D.
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 or property.
E.
The owner of any building serviced by an OLDS within
the Township shall become subject to all of the requirements contained
herein, upon the occurrence of one of the following:
The Board may, by resolution, establish a fee
schedule and collect fees to cover the Township's actual costs of
administering this article.
A.
Appeals from decisions of the Township-appointed SEO
shall be made to the Township Secretary in writing within 30 days
from the date of the decision issued in writing by the SEO.
B.
The appellant shall be entitled to a hearing before
the Township 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 shall thereafter reverse, modify, or affirm the
aforesaid action. The hearing may be postponed for good cause shown
by the appellant or the Township. Additional evidence may be presented
at the hearing, provided it is submitted with the written notice of
the appeal.
C.
A decision shall be rendered within 30 days of the
date of the hearing. If a decision is not rendered within 30 days,
the relief sought by the appellant shall be deemed granted.
