[Adopted 1-16-2001 by Ord. No. 299]
A.
This article shall be known and may be cited as the
"Doylestown Township On-Lot Sewage Disposal System (OLDS) Management
Ordinance."
B.
This article is adopted pursuant to the authority
set forth in the Second Class Township Code, the Pennsylvania Clean
Streams Law (35 P.S. §§ 699.1 - 699.1001), and the
Pennsylvania Sewage Facilities Act (Act of January 24, 1966), P.L.
1535, as amended, 35 P.S. § 750.1 et seq., also known as
Act 537. This article is also adopted pursuant to the official Sewage
Facilities Plan adopted for Doylestown Township pursuant to Act 537.
C.
This article is intended to prevent and abate water
pollution and the hazards to the public health caused by the improper
treatment and disposal of sanitary sewage. This article is further
intended to provide for the inventory and inspection of on-lot sanitary
sewage disposal systems within the Township, which said inventory
and inspections are designed to provide for the adequate maintenance,
management, rehabilitation/repair/replacement and construction of
on-lot sewage disposal systems; to permit the Township to intervene
in events which are public nuisances or hazards to the public health;
to license wastewater management persons that engage in the repair,
inspection and/or installation of on-lot sanitary sewage disposal
systems, as well as the removal and disposal of septage; and to establish
penalties and appeal procedures necessary for the appropriate administration
of the Doylestown Township On-Lot Sanitary Sewage Disposal System
(OLDS) Management Program.
D.
All ordinances or parts of ordinances inconsistent
with this article are hereby repealed to the extent of such inconsistency,
including but not limited to Ordinance No. 259 adopted on February
18, 1997, which was identified as the Maintenance of On-Lot Septic
Systems Ordinance.[1]
[1]
Editor's Note: Ordinance No. 259 comprised
former Ch. 136, Art. III, Septic Tank Maintenance.
A.
ACT 537
AUTHORITY
AUTHORIZED AGENT
BOARD
BOARD OF SEWER APPEALS
CESSPOOL
CODE ENFORCEMENT OFFICER (CEO)
COMMUNITY SANITARY SEWAGE SYSTEM
EVIDENCE OF MALFUNCTION
GRAY WATER
HEALTH DEPARTMENT
HOLDING TANK
MAINTENANCE
MALFUNCTION
MUNICIPALITY
NEW SYSTEM
OFFICIAL SEWAGE FACILITIES ACT 537 PLAN
ON-LOT SANITARY SEWAGE DISPOSAL SYSTEM (OLDS)
PADEP
PERSON
PUMPER/HAULER, DESIGNER AND INSTALLER OF ON-LOT SEPTIC SYSTEMS
PUMPER'S REPORT
REGISTRATION and PUMPER/HAULER SELECTION FORM
REHABILITATION or REPAIR
REPLACEMENT AREA
REPLACEMENT SYSTEM
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
TOWNSHIP
WATER TEST
WATERS OF THE COMMONWEALTH
ZONING OFFICER
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."
Bucks County Water and Sewer Authority.
Any representative of the Township authorized by the Board
of Supervisors to carry out the provisions of this article.
The Board of Supervisors of Doylestown Township.
A board which may be created by resolution of the Board of
Supervisors whose members shall be residents of Doylestown Township.
A covered pit with open jointed lining which receives the
sanitary sewage or other organic wastes directly from a building drain
or building sanitary sewer. It retains and allows liquid waste to
pass through the bottom and sides. This is an antiquated system which
predates the standards (Chapter 73, Title 25, Pa. Code).
An individual employed by the Township to administer and
enforce ordinances in the Township.
Any system, whether publicly or privately owned, for the
collection of sanitary sewage from two or more lots or structures,
and the treatment and/or disposal of the sewage on one or more lots
or at any other site.
Wet, murky conditions (not resulting from surface water runoff
or ponding) in areas designated as the absorption area of an OLDS.
These conditions are typically accompanied by high grass and/or increased
growth in the warmer months. In the winter, these areas generally
do not freeze and the area is typically spongy and soft. Snow does
not normally accumulate in these areas. Information received from
property owners concerning frequent septic tank pumping or difficulty
in pumping a septic tank due to backflow from the absorption area
is also evidence of malfunction. Other factors considered as evidence
of malfunctions are indications of previous repairs and/or extensions
of the system not permitted by the Bucks County Health Department,
and/or evidence of recently placed soil and/or dirt in the vicinity
where the absorption area is located. The installation of a garden,
shrubs and/or trees in the vicinity of the absorption area, as well
as the inability to distinguish gray water discharge, is also evidence
of a malfunction.
Domestically generated liquid wastes, including kitchen and
laundry wastes and water softener backwash.
Bucks County Health Department (BCHD).
A watertight receptacle that receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site.
Those actions required to provide for the long-term proper
functioning of an on-lot sanitary sewage disposal system, including
but not limited to the pumping of septage from a septic tank, cesspool
or dry well and pump tank; the cleaning, pumping and/or leveling of
a distribution box; the removal of trees or growth affecting the operation
of an on-lot sanitary sewage disposal system; the diversion of surface
water away from an on-lot sanitary sewage disposal system; and the
reduction of flow from the structure being served (i.e., the installation
of water conservation devices).
The condition which occurs when an on-lot sanitary sewage
disposal system discharges untreated or inadequately treated sewage
onto the surface of the ground, into the groundwater, or into the
surface waters of the commonwealth. Malfunction also occurs when sanitary
sewage backs up into the building connected to the system, or otherwise
causes a nuisance or hazard to the public health or pollution of the
ground or surface water or contamination of any public and/or private
drinking water wells.
Doylestown Township, Bucks County, Pennsylvania.
The installation of an on-lot sewage disposal system on a
property where a system has not previously existed or the installation
of a larger on-lot sewage disposal system in conjunction with the
expanded use of an existing structure. A new system does not include
replacement systems installed on properties with existing on-lot sewage
disposal systems where rehabilitation/repair efforts are required
to correct an existing malfunction.
The plan adopted by the Township and approved by the Pennsylvania
Department of Environmental Protection in furtherance of the requirements
as set forth in the Pennsylvania Sewage Facilities Act.
Any system for disposal of sanitary sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal, including both individual sanitary sewage
systems and community sanitary sewage systems.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
Any individual, company, 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,
municipality, district, authority or any other legal entity whatsoever
which is recognized by law as having rights and duties. Whenever used
in any clause prescribing and imposing a penalty or imposing a fine,
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.
Any person, as that term is defined in this article, who
engages in the design, installation and/or cleaning of community or
individual sanitary sewage systems and/or who transports the septage
removed from these systems for disposal, and is licensed by the Bucks
County Health Department and the Township. For the purposes of this
article, persons identified herein shall be hereinafter referred to
as "pumper/hauler."
The form which shall be used by all licensed pumper/haulers
to report each pumping of an on-lot sanitary sewage disposal system
in the Township.
The form which shall be made available by the Township. It
is the means for property owners to register their on-lot sanitary
sewage disposal system with the Township and to select a Township-licensed
pumper/hauler of their choice.
Work done to modify, alter or repair an existing on-lot sanitary
sewage disposal system or individual components thereof, including
the enlargement of the total absorption area, provided that the flows
from the structure being served are unchanged or reduced.
A portion of a lot, or property, sized to allow the installation
of a subsurface sanitary sewage disposal area, which is reserved to
allow for the installation of a replacement sanitary sewage system
in the event of the malfunction of the originally installed on-lot
sanitary sewage disposal system.
An on-lot sanitary sewage disposal system which replaces
a previously installed on-lot sanitary sewage disposal system which
cannot be repaired or rehabilitated to a condition acceptable to the
Bucks County Health Department.
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 or animals,
and any noxious or deleterious substance 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 22, 1937 (P.L. 1987, No. 394), known
as "The Clean Streams Law," as amended.[1]
A person certified by the Pennsylvania Department of Environmental
Protection who issues and reviews permit applications and/or conducts
such investigations and inspections as are necessary to implement
the Sewage Facilities Act (Act 537) and the rules and regulations
promulgated thereunder and this or any other ordinance adopted by
the Township.
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.
The definition of "subdivision" shall be the definition as
set forth in the Doylestown Township Subdivision and Land Development
Ordinance.[2]
Doylestown Township, Bucks County, Pennsylvania.
The bacteriological water test supplied by the Pennsylvania
Department of Environmental Protection which analyzes the presence
of bacteriological contamination, including coliform organisms in
drinking water.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof,
and as defined by the Pennsylvania Clean Streams Act.[3]
An individual employed by the municipality to administer
and enforce the Township Zoning Ordinance.[4]
A.
The provisions of this article shall apply to all
existing on-lot sewage disposal systems, as well as all new systems
proposed within the Township.
B.
A registration form shall be filed with the Township
for all new systems prior to the issuance of a use and occupancy permit
for the use of the structure being served by the on-lot sanitary sewage
disposal system.
A.
No person shall install, rehabilitate, construct or
solicit proposals for the construction or alteration of an on-lot
sanitary sewage disposal system, or construct or request proposals
for the construction, installation or occupancy of any building or
structure for which an on-lot sanitary sewage disposal system is to
be installed without first obtaining the appropriate permit from the
Health Department confirming that the system complies with the provisions
of the Pennsylvania Sewage Facilities Act[1] and any and all regulations adopted pursuant to said Act.
[1]
Editor's Note: See 35 P.S. §750.1 et
seq.
B.
No system or structure designed for on-lot sanitary
sewage disposal or for a rehabilitation, repair and/or replacement
to or of an existing on-lot sewage disposal system shall be covered
from view until a final inspection and approval of same has been provided
by the Health Department.
C.
Applicants for on-lot sanitary sewage disposal system
permits shall notify the Health Department of the schedule for construction
or rehabilitation, repair and/or replacement of the permitted on-lot
sanitary sewage disposal system so the appropriate inspection(s) shall
be scheduled and performed by the Health Department.
D.
No building or occupancy permit shall be issued by
the Township for a new building which will utilize an on-lot sanitary
sewage disposal system, until such time as a valid sanitary sewage
permit has been obtained from the Health Department and a registration
form is filed with the Township.
E.
No building permit shall be issued by the Township
and no work shall begin on any new building, addition, alteration
or the change of use of any existing building until the Health Department
has informed the Township that the existing sanitary sewage system
has been completed, is operating and has had a final inspection or
that no such certification is necessary. Furthermore, no occupancy
permit shall be issued by the Township until such time as the proposed
sanitary sewage system has been completed, is operating and has had
a final inspection or that no such certification of same is necessary.
The Health Department shall determine whether the proposed addition,
alteration or change of use of the existing structure will result
in increased sewage flows. The Township should be notified by the
Health Department of all permits issued and final inspections performed
in Doylestown Township. A system registration and pumper hauler selection
form from the property owner must be on file with the Township.
F.
Sanitary sewage permits may only be issued by the
Health Department.
G.
No contractor shall install, construct, rehabilitate
or alter an on-lot sanitary sewage disposal system without verifying
that the property owner has complied with the provisions of this article.
H.
All structures served by new sanitary sewer systems
shall be required to install water conservation devices and fixtures,
in compliance with the provisions of the Doylestown Township Water
Conservation Ordinance adopted on November 19, 1991, and identified
as Ordinance No. 209.[2]
I.
The Township shall provide a copy of this article
and any other relevant material related to the management and maintenance
of on-lot sanitary sewage disposal facilities to all property owners
who are issued a move-in permit by the Township, where the move-in
permit is issued by the Township for a property that makes use of
on-lot sanitary sewage disposal facilities.
A.
Authorized persons acting on behalf the Township shall,
upon presentation of the proper credentials and identification, be
permitted to enter upon the outside of the property that contains
an on-lot sanitary sewage disposal system for the purpose of inspecting,
observing, photographing and sampling the on-lot sanitary sewage disposal
system or alternate system, in accordance with the provisions of this
article.
B.
The Township shall provide advance notice to the property
owner of the on-lot sewage disposal system and/or alternative system
prior to a regularly scheduled inspection or maintenance.
A.
All on-lot sanitary sewage disposal systems will be
inspected by a Township-approved pumper/hauler, as set forth previously
in this article, which said inspection shall include a physical tour
of the outside of the property, inspection and pumping of the system.
The inspection may also include the taking of samples from surface
water, or other groundwater sources, and/or the sampling of the contents
of the sanitary sewage disposal system. It shall, however, be mandatory
that a water test shall be performed on any well where the water from
the well is consumed by any person. The water test to be performed
shall be in accordance with the provisions of this article. The report
of the inspection of the on-site sanitary sewage disposal system shall
be furnished to the property owner of each property at the conclusion
of the pump-out and inspection, and a copy of the report furnished
by the pumper/hauler shall be provided to the Township. The property
owner shall also provide a copy of the water test to the Township.
B.
In the event that inspection is denied by the property
owner, the Township shall be authorized to take such steps as are
appropriate to secure access to the property for the purpose of determining
compliance with the terms and conditions of this article. Said steps
shall include, but not be limited to, the seeking of an administrative
search warrant from the appropriate judicial official.
C.
All on-lot sanitary sewage disposal systems in the
Township shall be inspected and pumped-out by a Township-licensed
pumper/hauler selected by the property owner, at least once every
three years. The three-year time period shall begin when the Township
has completed the first three-year cycle.
D.
Property owners of all on-lot sanitary sewage disposal
systems making use of a septic tank, cesspool and/or dry well, if
same receives solids from the structures served, and pump tank, if
present, shall have their system inspected and pumped. Said inspection
and pumping shall occur once every three years. Furthermore, the baffles
of the septic tank shall be inspected by the Township-approved pumper/hauler
in order to determine if the baffles are functioning properly. All
costs of excavation shall be borne by the property owner. All pumping
shall be scheduled on the three-year cycle pursuant to the provisions
of this article.
E.
The Township-approved pumper/hauler shall generate
a report after completing each inspection and pump-out and will provide
a copy of the report to the owner of the property inspected. The report
shall include the findings of the inspection and any recommendations
for the maintenance of the on-lot sanitary sewage system. Such recommendations
may include but not be limited to the property owner securing professional
advice related to a further evaluation of the system and a program
to correct any malfunctions. The Health Department shall be notified
of any potential malfunctions by the Township.
F.
All owners of on-lot sanitary sewage systems with
gray water discharges to the ground surface shall correct such discharges
and route the gray water into the treatment tank (i.e., septic tank,
cesspool, etc.). All rerouting and connections of gray water discharge
to the on-lot sanitary sewage disposal systems shall require a permit
from the BCHD. Gray water discharges are a violation of Section 73.11
of the Pennsylvania Code, Title 25, Environmental Protection and may
also may be a violation of Sections 202 and 207 of the Pennsylvania
Clean Streams Law, if the discharge is to any waters of the commonwealth
(as defined herein). All violations shall be referred to the Health
Department.
G.
The Township will periodically review the number and
location of malfunctioning on-lot sewage disposal systems to determine
if alternate sewage disposal solutions may be necessary. A resolution
of area-wide problems may necessitate detailed planning and a Township
revision to the Township's Act 537 Official Sewage Facilities Plan
related to that area.
A.
No property owner shall operate and maintain an on-lot
sanitary sewage disposal system in such a manner that it malfunctions.
No system shall discharge untreated or partially treated sanitary
sewage to the surface of the ground or into the waters of the commonwealth,
as defined herein.
B.
Sewage, which contains any of the following, shall
not be discharged into any on-lot sanitary sewage disposal system:
(1)
Industrial waste.
(2)
Automobile oil and other nondomestic oil.
(3)
Toxic or hazardous substances or chemicals, including
but 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 drains, springs, basement sump pumps and French drains.
(5)
Any nonbiodegradable materials.
(6)
Radioactive waste materials.
C.
The Township may require the installation of water
conservation devices, and other operation or maintenance procedures,
to improve on-lot sanitary sewage system operation.
A.
Any property owner owning a building served by an
on-lot sanitary sewage disposal system shall have that system inspected
by an approved pumper/hauler and pumped by a Township-licensed pumper/hauler
selected by the property owner. Following the initial inspection,
every property owner shall have the system inspected and pumped at
least once every three years thereafter. A pumper's report from the
pumper/hauler shall be submitted to the property owner and the Township
immediately after each pump-out.
B.
If excavation is necessary to accomplish the pump-out,
the excavation is the responsibility of the property owner prior to
the scheduled pumping. The cost for this excavation will be borne
by the property owner. Any tank pumping shall include an inspection
of the baffles within the septic tank by the pumper/hauler selected
by the property owner. If the baffles are in a deteriorated condition,
the property-owner-selected pumper/hauler shall be responsible for
replacing the baffles, with the cost for this baffle(s) replacement
borne by the property owner. A permit from the BCHD is not currently
required to replace deteriorated or missing baffles. All tank pumping
on the three-year cycle shall be done in the presence of the Township's
approved pumper/hauler. If deemed necessary by the authorized agent,
the distribution box, if one is present, shall be excavated and remain
excavated until inspection has been completed by the Township's approved
pumper/hauler. Thereafter, all tanks shall be pumped at least once
every three years. A Township-approved pumper/hauler must be present
at all subsequent pumping during the normally scheduled triennial
pumping and inspections. If tanks are pumped at a greater frequency
than every three years, the pumper/hauler shall supply a pumper's
report to the Township within 14 days after the pumping.
C.
The required pumping frequency may be increased at
the discretion of the OLDS property owner 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
disposal is used in the building; if the system malfunctions; or for
other good cause shown.
D.
Any property owner owning a building served by an
on-lot sanitary 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 service or pumping
intervals for aerobic treatment tanks exceed those required for septic
tanks (three years).
E.
Any property owner owning a building utilizing a cesspool
or dry well, which is the receiving unit for solids, shall have that
system pumped according to the schedule prescribed for septic tanks
(three years). As an alternative to this scheduled pumping of the
cesspool or dry well, the property owner may secure a sewage permit
from the Health Department for a septic tank to be installed preceding
the cesspool or dry well. For 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 (three years).
F.
The Township and/or Health Department may require
additional maintenance activity as needed, including, but not limited
to, cleaning and unclogging of piping, servicing and the repair of
mechanical equipment, leveling of distribution boxes, tanks and lines,
removal of obstructing roots or trees and the diversion of surface
water away from the disposal area, etc. None of these maintenance
activities require a permit from the Health Department. However, if
repair to a pump requires removal and replacement, a permit from BCHD
is needed to ensure that an appropriate replacement pump is provided.
G.
Initial and periodic pumping shall be performed to
these minimum standards unless other standards are specified by an
equipment manufacturer:
(1)
At all times, the pumper truck operator's personal
safety, as well as protection of the environment and the landowner's
property, shall receive the highest priority.
(2)
Tanks shall only be pumped from or through the manhole
or access port (i.e., the largest tank opening).
(3)
Tanks shall not be pumped from or through the observation
port.
(4)
When necessary to break up solids, backwashing with
clean water or material of a similar nature already on board the pumper
truck may be employed. Mechanical means (scraping, raking, etc.) are
not necessary but may be employed, provided that appropriate safeguards
are taken to prevent injury.
(5)
When backwashing, care shall be taken not to fill
or refill the tank to a level greater than 12 inches below the elevation
of the outlet pipe.
(6)
No liquids or solids are to be discharged into or
through the outlet pipe.
(7)
Tanks shall be deemed to be cleaned when all organic
solids are removed and the total average liquid depth remaining in
the tank is less than one inch.
(8)
Every pump-out shall include a visual inspection,
by the pumper/hauler, of the tank's interior. The inspection shall
include a determination regarding the presence of baffles and their
condition, as well as the physical condition of the treatment tank.
Presence and condition of observation port(s) shall also be reported.
(9)
At all times, and in all phases of operations, pumper/hauler
businesses and equipment operators shall comply with all laws and
regulations regarding the activities associated with on-lot wastewater
system maintenance and disposal of materials removed therefrom.
(10)
When the Township requires documentation of
pump-out and tank and site conditions, the property owner may not
prevent the pumper from complying with this article or any other applicable
Township, county, state or federal requirements. A copy of any report
given to the Township shall also be provided to the property owner.
H.
In addition to the requirements for initial tank pumping,
periodic tank pumping shall include an inspection of and a pumper's
report submitted to the Township on forms provided by the Township
regarding the presence of any or all of the following:
(1)
Defective tank components (lids, baffles, dividers,
etc.).
(2)
Before pumping, water level above outlet pipe elevation.
(3)
Following or during pumping, backflow from the absorption
area.
(4)
When possible, inflow from building(s) served, to
verify connection to the building(s).
(5)
Surface discharge, ponding or other signs of malfunction
in the vicinity of the absorption area.
A.
If the BCHD determines that any on-lot sewage disposal
system is malfunctioning and, further, if that property abuts or fronts
an existing public sewer, then the BCHD shall require that property
be connected to said public sewer, at the property owner's sole cost
and expense. Under those circumstances, the BCHD will not issue a
permit for the repair of a malfunctioning on-lot sewage disposal system.
B.
If any on-lot sewage disposal system is observed to
be malfunctioning, the Township will notify the BCHD. The Township
should be notified by the Health Department of all permits issued
and final inspections performed in Doylestown Township.
C.
Should the Health Department indicate that it is not
possible to repair or modify the system to comply with PADEP's standards
for on-lot sewage disposal systems, then the property owner shall
be required to have a replacement on-lot sewage disposal system designed
for the property. Said design shall conform to current regulations
as promulgated by the PADEP.
D.
The Health Department may require the repairs/rehabilitation/replacement 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 area, replacing the existing disposal area, replacing a gravity distribution system with a pressurized system, and such other alternatives as appropriate for the specific site, including use of reservation areas as required for new systems in § 136-33I of this article.
A.
The Township, upon written notice from the Health
Department that an imminent health hazard exists due to failure of
a property owner to maintain, repair/rehabilitate or replace any on-lot
systems, as provided under the terms of this article, shall have the
authority to perform or contract to have performed, the work required
by the Health Department. The property owner shall be charged for
the work performed and, if necessary, a lien shall be recorded therefor
in accordance with law.
B.
The Township shall not, however, be obligated to perform
or contract to have performed any work required to maintain, repair,
rehabilitate or replace any on-lot sanitary sewage system.
A.
All septage pumper/haulers operating within the Township
shall be licensed by the Township and shall comply with all reporting
requirements established by the Township.
B.
All septage originating within the Township shall
be disposed of at sites or facilities approved by the PADEP.
C.
The septage secured by pumper/haulers operating within
the Township shall be handled consistent with the provisions of the
Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101-6018.1003),
and regulations adopted pursuant to such Act.
D.
The requirements to obtain a license shall be in compliance
with the provisions of this article, and the Township may, by resolution
of its Board of Supervisors, establish a fee for said license.
A.
Before offering pump and haul services to property
owners in Doylestown Township, all pumper/hauler businesses shall:
(1)
Obtain a license from the Township and comply with
all reporting requirements established herein.
(2)
Identify all employees/owners and vehicles that will
provide services in the Township.
(3)
Operate in a manner consistent with the provisions
of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35
P.S., §§ 6018.101-6018.1003).
(4)
Provide documentation that all septage pumped from
properties in this Township will be delivered to a PADEP approved
site or facility.
(5)
Be licensed by the Bucks County Health Department.
B.
The requirements to obtain a license shall be in compliance
with the provisions of this article and the Township may, by resolution
of its Board of Supervisors, establish a fee for said license.
C.
When there is a change in the personnel/employees
or vehicles that provide services in accordance with this article,
it shall be the obligation of the business owner to notify the Township
of the changes within seven days of the effective date of the change.
A.
The Township shall be authorized to exercise the powers
conferred upon it pursuant to the terms and conditions of this article
or any other applicable laws of the county, state and federal government.
B.
The Township Board of Supervisors may establish a
fee, by resolution, the purpose of which is to defray the cost of
the inspections and other aspects of the on-lot sanitary sewage management
plan as set forth in this article.
[Amended 1-16-2018 by Ord. No. 386]
A.
Any property
owner, company and/or person aggrieved by the decision of a Township
employee or other authorized agent of the Township pursuant to this
article may appeal said decision by sending written notice to the
Board of Supervisors or its designees, provided that said appeal shall
be filed within 30 days from the date of the decision at issue.
B.
The property
owner, company and/or person filing said appeal shall be entitled
to a hearing before the Board of Supervisors, or its designee, within
14 days of receipt of the appeal. Either party, by good cause shown,
may extend the time for a hearing, but said decision shall be left
to the discretion of the Board of Supervisors or its designee. A hearing
shall be conducted in accordance with the provisions of the Pennsylvania
Local Agency Act,[1] and a decision shall be rendered, in writing, within 45
days of the conclusion of the hearing and all proceedings related
thereto. If the Board of Supervisors or its designee shall fail to
render a decision within 45 days following the conclusion of all proceedings
related to the hearing, then the relief sought by the property owner,
company and/or person aggrieved by a decision of the Board of Supervisors
or its designee may, within 30 days after such decision of the Board,
file an appeal to the Court of Common Pleas of Bucks County.
[1]
Editor’s Note: See 2 Pa.C.S.A. § 101 et seq.
A.
Any property owner and/or person who has violated
or permitted the violation of the provisions of this article, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, shall pay a judgment within $1,000 plus all court
costs, including reasonable attorney's fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of the violation by
the District Justice. If the responsible party neither pays judgment
nor files a timely appeal, the Township may enforce the judgment pursuant
to the applicable Rules of Civil Procedure. Each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney's fees collected for the violation of this
article shall be paid over to the Township.
B.
In addition to the rights as set forth in this section,
the Township may take such other rights as are available to it to
enforce the provisions of this article, including resort to the courts
of equity to seek compliance with the provisions of this article.