[Adopted 10-8-2009 by Ord. No. 221]
A.
This article shall be known and may be cited as "Maidencreek Township
Sewage Management Program Ordinance."
B.
In accordance with Municipal Codes, the Clean Streams Law (Act of
June 27, 1937, P.L. 1987, No. 394, as amended, 35 P.S. §§ 691.1
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"), it is the power and the duty of the Maidencreek
Township Board of Supervisors 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 Maidencreek Township 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.
C.
The purpose of this article is to provide for the regulation, inspection,
maintenance and rehabilitation of on-lot sewage disposal systems;
to further permit intervention in situations which may constitute
a public nuisance or hazard to the public health; and to establish
penalties and appeal procedures necessary for the proper administration
of a sewage management program.
A.
AUTHORIZED AGENT
BOARD
COMMUNITY SEWAGE SYSTEM
DEPARTMENT
INDIVIDUAL SEWAGE SYSTEM
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
PERSON
REHABILITATION
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
TOWNSHIP
As used in this article, the following terms shall have the meanings
indicated:
A Sewage Enforcement Officer, employee of the Maidencreek
Township, professional engineer, Plumbing Inspector, or any other
qualified or licensed person who is authorized to function within
specified limits as an agent of Maidencreek Township to administer
or enforce the provisions of this article.
The Board of Supervisors of Maidencreek Township, Berks County,
Pennsylvania.
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots, and the treatment and/or
disposal of the sewage on one or more lots or at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into any waters of this commonwealth.
A condition which occurs when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into ground waters
of this commonwealth, into surface waters of this commonwealth, backs
up into a building connected to the system or in any manner 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 condition
noted above occurs 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 Board and approved by the Pennsylvania
Department of Environmental Protection pursuant to the Pennsylvania
Sewage Facilities Act.
Any system for disposal of domestic sewage involving pretreatment
and subsequent disposal of the clarified sewage into a subsurface
soil absorption area or retaining tank, this term includes 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 of agency of the commonwealth, political subdivision,
municipality, district, authority, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whatever
used in any clause prescribing and imposing a penalty or 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, public or private corporation for profit or not
for profit.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and 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 or which constitutes
pollution under the Act of June 23, 1937 (P.L. 1987, No. 394), known
as "The Clean Streams Law," as amended.
A person certified by DEP who is employed by Maidencreek
Township. Such person is authorized to conduct investigations and
inspections, review permit applications, issue or deny permits and
do all other activities as may be provided for such person in the
Sewage Facilities Act, the rules and regulations promulgated thereunder
and this or any other ordinance adopted by the Maidencreek Township.
Any area of the Maidencreek Township designated in the Official
Sewage Facilities Plan adopted by the Board of Supervisors of Maidencreek
Township as an area for which a sewage management program is to be
implemented.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder
and such other requirements adopted by the Maidencreek Township Board
of Supervisors to effectively enforce and administer this article.
The division or redivision of a lot, tract or other parcel
of land into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines. The enumerating
of lots shall include as a lot that portion of the original tract
or tracts remaining after other lots have been subdivided therefrom.
The Township of Maidencreek, Berks County, Pennsylvania.
B.
For the purpose of this article, any term which is not defined herein
shall have that meaning attributed to it under the Sewage Facilities
Act and regulations promulgated thereto.
From the effective date of this article, its provisions shall
apply in any portion of Maidencreek Township identified in the Official
Sewage Facilities Plan as a sewage management district. Within such
area or areas, the provisions of this article shall apply to all persons
owning any property serviced by an on-lot sewage disposal system and
to all persons installing or rehabilitating on-lot sewage disposal
systems.
A.
No person shall install, construct or request bid proposals for construction,
or alter an individual sewage system or construct or request bid proposals
for construction or install or occupy buildings or structures for
which an individual sewage system or community sewage system is to
be installed without first obtaining a permit from the Sewage Enforcement
Officer which permit shall indicate that the site and the plans and
specifications of such system are in compliance with the provisions
of the Clean Streams Law (35 P.S. §§ 691.1 to 671.1001)
and the Pennsylvania Sewage Facilities Act (35 P.S. § 750.1
et seq.) and the regulations adopted pursuant to those acts.
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 a Sewage Enforcement Officer. If 72 hours
have elapsed, excepting Sundays and holidays, since the Sewage Enforcement
Officer issuing the permit received notification of completion of
construction, the applicant may cover said system or structure unless
permission has been specifically refused by the Sewage Enforcement
Officer.
C.
Applicants for sewage permits may be required to notify the Sewage
Enforcement Officer of the schedule for construction of the permitted
on-lot sewage disposal system so that inspection(s) in addition to
the final inspection required by the Sewage Facilities Act may be
scheduled and performed by a Sewage Enforcement Officer.
D.
No building or occupancy permit shall be issued for a new building
which will contain sewage generating facilities until a valid sewage
permit has been obtained from a Sewage Enforcement Officer.
E.
No building or occupancy permit shall be issued and no work shall
begin on any alteration or conversion of any existing structure, if
said alteration or conversion will result in the increase or potential
increase in sewage flows from the structure, until either the structure's
owner receives a permit for alterations or replacement of the existing
sewage disposal system or until the structure's owner and the appropriate
officials of Maidencreek Township receive written notification from
a Sewage Enforcement Officer that such a permit will not be required.
The Sewage Enforcement Officer shall determine whether the proposed
alteration or conversion of the structure will result in increased
sewage flows.
F.
Sewage permits may be issued only by a Sewage Enforcement Officer
employed by Maidencreek Township. DEP shall be notified as to the
identity of each Sewage Enforcement Officer employed by Maidencreek
Township.
A.
Any on-lot sewage disposal system may be inspected by an authorized
agent at any reasonable time as of the effective date of this article.
B.
Such inspection may include a physical tour of the property, the
taking of samples from surface water, wells, 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.
An authorized agent shall have the right to enter upon land for the
purposes of inspections described in this section, after a reasonable
attempt has been made to notify the landowner.
D.
An initial inspection may be conducted by an authorized agent within
one year of 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 Township records.
E.
A schedule of routine inspections may be established to assure the
proper functioning of the sewage systems in the sewage management
district.
F.
An authorized agent shall inspect systems known to be, or alleged
to be, malfunctioning. Should said inspection reveal that the system
is indeed malfunctioning, the authorized agent shall order action
to be taken to correct the malfunction. If total correction cannot
be done in accordance with the regulations of DEP including, but not
limited to those outlined in Chatter 73 of Title 25 of Pennsylvania
Code; or, is not technically or financially feasible in the opinion
of the authorized agent and a representative of DEP; then action by
the property owner to mitigate the malfunction shall be required.
G.
If there arises a geographic area where numerous on-lot sewage disposal
systems are malfunctioning, a resolution of these area-wide problems
may necessitate detailed planning and a revision to the portion of
the sewage facilities plan pertaining to areas affected by such malfunctions.
If a DEP authorized Official Sewage Facilities Plan Revision has been
undertaken, repair or replacement of individual malfunctioning sewage
disposal systems within the area affected by the revision may be delayed,
pending the outcome of the plan revision process. However, immediate
corrective action will be compelled whenever a malfunction, as determined
by Maidencreek Township officials and/or the Department, represents
a serious public health or environmental threat.
Only normal domestic wastes shall be discharged into any on-lot
sewage disposal system. The following shall not be discharged in to
the system:
A.
Industrial waste;
B.
Automobile oil and other nondomestic oil;
C.
Toxic or hazardous substances or chemicals, including but not limited
to, pesticides, disinfectants (excluding household cleaners), acids,
paints, paint thinners, herbicides, gasoline and other solvents;
D.
Clean surface or groundwater, including water from roof or cellar
drains, springs, basement sump pumps and French drains.
A.
Each 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 qualified pumper/hauler within six months of receiving notification
from Maidencreek Township. Thereafter that person shall have the tank
pumped at least once every four years unless a greater time period
is granted by the Township based on usage or whenever an inspection
reveals that the septic tank is filled with solids or with scum in
excess of 1/3 of the liquid depth of the tank. Receipts from the pumper/hauler
shall be submitted to the Maidencreek Township within the prescribed
six-month and four-year pumping periods.
B.
The required pumping frequency may be increased at the discretion
of an authorized agent if the septic tank is undersized, if solids
buildup in the tank is above average, if the hydraulic load on the
system increases significantly above average, if a garbage grinder
is used in the building, if the system malfunctions or for other good
cause shown. If any person can prove that such person's septic tank
had been pumped within four years of the six-month anniversary of
the effective date of this article, then that person's initial required
pumping may be delayed to conform to the general four-year frequency
requirement except where an inspection reveals a need for more frequent
pumping frequencies.
C.
Any person owning a property served by a septic tank shall submit,
with each required pumping receipt, a written statement from the pumper/hauler
or from any other qualified individual acceptable to the Maidencreek
Township, that the baffles in the septic tank have been inspected
and found to be in good working order. Any person whose septic tank
baffles are determined to require repair or replacement shall first
contact a Sewage Enforcement Officer for approval of the necessary
repair.
D.
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. A copy
of the manufacturer's recommendations and a copy of the service agreement
shall be submitted to the Maidencreek Township within six months of
the effective date of this article. Thereafter, service receipts shall
be submitted to the Maidencreek Township at the intervals specified
by the manufacturer's recommendations. In no case may the service
or pumping intervals for aerobic treatment tanks exceed those required
for septic tanks.
E.
Additional maintenance activity may be required 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 of obstruction roots or trees, the
diversion of surface water away from the disposal area, etc.
A.
No person shall operate or maintain an on-lot sewage disposal system
in such a manner that it malfunctions. All liquid wastes, including
kitchen and laundry wastes and water softener backwash, shall be discharged
to a treatment tank. No sewage system shall discharge untreated or
partially treated sewage to the surface of the ground or into the
waters of the commonwealth unless a permit of such discharge has been
obtained from DEP.
B.
A written notice of violation shall be issued to any person who is
the owner of any property which is found to be served by a malfunctioning
on-lot sewage disposal system or which is discharging sewage without
a permit.
C.
Within seven days of notification by Maidencreek 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 30 days of initial notification
by Maidencreek Township, construction of the permitted repair or replacement
shall commence. Within 60 days of the original notification by Maidencreek
Township, the construction shall be completed unless seasonal or unique
conditions mandate a longer period, in which case Maidencreek Township
shall set an extended completion date.
D.
A Sewage Enforcement Officer shall have the authority to require
the repair of any malfunction by the following methods: cleaning,
repair or replacement of components of the existing system adding
capacity or otherwise altering or replacing the system's treatment
tank, expanding the existing disposal areas, replacing the existing
disposal area, replacing a gravity distribution system with a pressurized
system, replacing the system with a holding tank or any other alternative
appropriate for the specific site.
E.
In lieu of, or in combination with the remedies described in Subsection D above, a Sewage Enforcement Officer may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water-using devices and appliances in the structure may be required to be retrofitted with water-saving appurtenances or they may be required to be replaced by water-conserving devices.
F.
In the event that the rehabilitation measures in Subsections A through E are not feasible or effective, the owner may be required to apply for a permit to install an individual spray irrigation treatment system or to DEP for a single-residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
G.
Should none of the remedies described in this section be 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. Maidencreek Township may require whatever action
is necessary to lessen or mitigate the malfunction to the extent necessary.
Maidencreek Township, upon written notice from a Sewage Enforcement
Officer that an imminent health hazard exists due to failure of 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 work required by the Sewage
Enforcement Officer. The owner shall be charged for the work performed
and, if necessary, a lien shall be entered therefor upon the subject
property in accordance with law.
A.
All septage originating within the sewage management district shall
be disposed of in accordance with the requirements of the Solid Waste
Management Act (Act 97 of 1980, 35 P.S. § 6018.101 et seq.)
and all other applicable laws and at sites or facilities approved
by DEP.
B.
Pumper/haulers of septage operating within the sewage management
district shall operate in a manner consistent with the provisions
of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35
P.S. § 6018.1003) and all other applicable laws.
A.
Maidencreek Township shall fully utilize those powers it possesses
through enabling statutes and ordinances to effect the purposes of
this article.
B.
Maidencreek Township shall employ qualified individuals to carry
out the provisions of this article. Those employees shall include
a Sewage Enforcement Officer and may include an administrator and
such other persons as may be necessary. Maidencreek Township may also
contract with private qualified persons or firms as necessary to carry
out the provisions of this article.
C.
All permits, records, reports, files and other written materials
relating to the installation, operation and maintenance and malfunction
of on-lot sewage disposal systems in the sewage management district
shall become the property of, and be maintained by, Maidencreek Township.
Existing and future records shall be available for public inspection
during regular business hours at the official office of Maidencreek
Township. All records pertaining to sewage permits, building permits,
occupancy permits and all other aspects of the sewage management program
shall be made available upon request for inspection by representatives
of the Pennsylvania Department of Environmental Protection.
D.
Maidencreek Township Board of Supervisors shall establish all administrative
procedures necessary to properly carry out the provisions of this
article.
E.
The Maidencreek Township Board of Supervisors may establish a fee
schedule, and authorize the collection of fees, to cover the cost
to Maidencreek Township of administering this program.
A.
Appeals from final decisions of Maidencreek Township of any of its
authorized agents under this article shall be made to Maidencreek
Township Board of Supervisors in writing within 30 days form the date
of written notification of the decision in question.
B.
The appellant shall be entitled to a hearing before the Maidencreek
Township Board of Supervisors at their next regularly scheduled meeting,
if a written approval is received at least 14 days prior to that meeting.
If the appeal is received within 14 days of the next regularly scheduled
meeting, the appeal shall be heard at the next regularly scheduled
meeting. The municipality shall thereafter affirm, modify, or reverse
the aforesaid decision. The hearing may be postponed for a good cause
shown by the appellant or the Board of Supervisors of Maidencreek
Township. Additional evidence may be introduced at the hearing provided
that it is submitted with the written notice of appeal.
C.
A decision shall be rendered in writing within 30 days of the date
of the hearing.
A.
Any person or entity who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order or direction of the Sewage Enforcement Officer or any other authorized agent of the municipality shall be subject to the criminal enforcement procedures, fines and schedule of fines as set forth in Chapter 1, General Provisions, Article I, General Penalty. Each day of noncompliance shall constitute a separate offense.
B.
In addition to the above penalties, all other actions are hereby
reserved including an action in equity for the proper enforcement
of this article. The imposition of a fine or penalty for any violation
of, or noncompliance with, this article shall not excuse the violation
or noncompliance or permit it to continue and all such persons shall
be required to correct or remedy such violations and noncompliance
within a reasonable time.