No person, partnership, institution, public
or private corporation or association or other entity shall install,
construct, alter, repair, enlarge or extend any individual sewage
system located within the Township of Bern, Berks County, Pennsylvania,
except in strict accordance with the requirements of the Pennsylvania
Sewage Facilities Act and the rules and regulations adopted by the Pennsylvania
Department of Environmental Protection pursuant thereto, even though
said system is situate on a lot that might otherwise be considered
to be a rural residence under the provisions of said Act and rules
and regulations. It is the intent of this article to require compliance
by owners of tracts which might otherwise be considered to be rural
residences with the otherwise applicable requirements of the Pennsylvania
Sewage Facilities Act and all rules and regulations adopted pursuant
thereto by the Pennsylvania Department of Environmental Protection.
The Sewage Enforcement Officer for the Township
of Bern, Berks County, Pennsylvania, certified and appointed in accordance
with the Pennsylvania Sewage Facilities Act and the rules and regulations
adopted pursuant thereto, shall make such inspections and perform
such other duties as are necessary to determine satisfactory compliance
with the provisions of this article, shall execute the orders of the
Board of Supervisors and shall, in the performance of his duties,
have the power and authority of a policeman of the township. It shall
be the duty of the owner or occupant of a property subject to the
provisions of this article to give the Sewage Enforcement Officer
free access to the property at reasonable times for the purpose of
carrying out his duties.
No person, partnership, institution, public
or private corporation or association or other entity shall install,
construct, alter, repair, enlarge or extend any individual sewage
system situate on a lot that might otherwise be considered to be a
rural residence, unless a permit to do so has first been issued to
him by the Township Sewage Enforcement Officer. All applications for
permits shall be made to the Township Sewage Enforcement Officer,
and he shall issue a permit upon compliance by the applicant with
the provisions of the Pennsylvania Sewage Facilities Act and the rules and regulations of the Pennsylvania Department
of Environmental Protection adopted pursuant thereto. All procedures
with reference to obtaining such permit shall be in accordance with
the provisions of the Pennsylvania Sewage Facilities Act and the rules
and regulations adopted pursuant thereto. The fees for such permits
shall be in accordance with the schedule of fees for other required
permits for individual sewage systems.
[Amended 3-5-2002 by Ord. No. 195-2002]
This article shall be enforced by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, institution, public or private corporation,
or association or other entity who or which violates or permits the
violation of this article or who resists or interferes with the Sewage
Enforcement Officer or any other employee or agent of the Township
of Bern in the performance of his duties hereunder shall, upon conviction
in a summary proceeding, be punishable by a fine of not more than
$1,000 or by imprisonment for a term not exceeding 90 days. Each day
or portion thereof that such violation continues or is permitted to
continue shall constitute a separate offense. Each section of this
article that is violated shall also constitute a separate offense.