[HISTORY: Adopted by the Board of Supervisors of the Township
of Nockamixon 5-11-1999 by Ord.
No. 96. Amendments noted where applicable.]
A.
This chapter shall be known and may be cited as "The Individual Residential
Spray Irrigation System Management Ordinance for Nockamixon Township."
B.
As mandated by the Clean Streams Law (35 P.S. § 691.1)
and the Pennsylvania Sewage Facilities Act (Act of January 24, 1966,
P.L. as amended, 35 P.S. § 750.1 et seq., known as "Act
537"), municipalities have the power and the duty 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.
C.
The purpose of this chapter is to provide for the maintenance, inspection
and repair of all present and future IRSIS, as hereafter described;
and to establish responsibilities for the proper administration of
a sewage management program.
As used in this chapter, the following terms shall have the
meanings indicated:
Bucks County Department of Health.
An individual qualified to perform septic system inspections
as evidenced by a Sewage Enforcement Officer License issued by the
Commonwealth of Pennsylvania or successful completion of inspection
training through the Pennsylvania Septage Management Association.
An individual sewage system which serves a single dwelling
and which treats and disposes of sewage using a system of piping,
treatment tanks and soil renovation through spray irrigation.
A sewage hauler licensed by the Bucks County Department of
Health.
An individual, association, public or private corporation
for profit or not-for-profit, partnership, firm, trust, estate, department,
board, bureau or agency of the United States, commonwealth, political
subdivision, municipality, district, authority or other legal entity
which is recognized by the law as the subject of rights and duties.
The term includes members of an association, partnership or firm and
the officers of a local agency or municipal, public or private corporation
for profit or not-for-profit.
The Township of Nockamixon.
A tank that provides for aerobic or anaerobic decomposition
of sewage to take place prior to discharge to an absorption area.
This term shall also include cesspools.
A.
Every person who applies for a building permit to construct a new
residence or other building which is to be serviced by an IRSIS for
which a Board of Health permit is issued after the effective date
of this chapter, shall comply with the provisions of this section
as hereafter set forth.
B.
Every person who obtains a permit from the BCDH to construct an IRSIS
to replace a failing system shall comply with the provisions of this
section as hereafter set forth.
C.
Prior to the issuance of a building permit for any lot whose sewage
needs are proposed to be served by an IRSIS, the property owner shall
execute an Operation and Maintenance Agreement for the IRSIS in a
form which can be recorded in the office of the Recorder of Deeds
of Bucks County.
D.
Prior to the issuance of a building permit for any residential dwelling
for which an IRSIS is proposed, the property owner shall deposit with
the Township, in escrow, the sum of $1,500 to secure the cost of future
operation and maintenance of the IRSIS in compliance with the terms
and provisions of this chapter.
E.
Any person who obtains a permit from BCDH to construct an IRSIS as
a replacement system for a failed on-site system shall execute an
Operation and Maintenance Agreement for the IRSIS in a form which
can be recorded in the office of the Recorder of Deeds of Bucks County
and deposit with the Township, in escrow, the sum of $1,500 to secure
the cost of further operation and maintenance of the IRSIS in compliance
with the terms and provisions of this chapter.
F.
The IRSIS shall be approved by BCDH, as to its design, construction
and installation. The consultant for the property owner shall certify
to the Township and the BCDH that the design, construction and installation
of the facility and its start-up have been completed for each lot
in accordance with permits granted by the BCDH.
G.
Simultaneously with submission of an IRSIS application to the BCDH,
property owner shall submit to Township, for review, an Operation
and Maintenance Manual for the IRSIS, together with a pamphlet or
other document in form satisfactory to the Township, summarizing the
operation and maintenance requirements of the IRSIS and including
the estimated annual cost of operating and maintaining same. A set
of design plans for the IRSIS shall be submitted with the Operation
and Maintenance Manual.
H.
Prior to commencement of operation of the IRSIS, the property owner
shall submit a copy of the contract with his consultant or other qualified
contractor (contractor) evidencing that the operation and maintenance
obligations set forth herein will be performed by the contractor for
a period of one year from the date of its start-up. Thereafter, the
property owner, or any subsequent owner thereof, shall submit to the
Township, on an annual basis, a copy of a contract entered into with
a qualified contractor provided that the operation and maintenance
obligations set forth herein will be performed by the contractor.
I.
Prior to the execution of an Agreement of Sale for any property or
lot whose sewage disposal needs are to be met by an IRSIS (including
re-sales of such lots), Seller shall provide Buyer with a copy of
the pamphlet approved by the Township summarizing the operation and
maintenance requirements of the IRSIS and provide in the Agreement
of Sale Buyer's acknowledgment of the receipt of same. The Operation
and Maintenance Manual shall be provided to the Buyers at the time
of settlement.
J.
The Operation and Maintenance Manual shall describe in reasonable
detail the method of operation and required periodic inspection and
maintenance of the components of the IRSIS, including but not limited
to, as applicable, spray nozzle heads, treatment tank, dosing tank,
intermittent sand filters, chlorine contact tank, storage tank, chlorinator
and all electrical and mechanical control mechanisms.
K.
The Operation and Maintenance Manual shall include formatted charts
for the purpose of keeping a record as to the dates of all required
inspections, maintenance, repair and/or replacements of components
of the IRSIS together with a check mark system indicating the performance
of the specific inspection, maintenance, repair and replacement task,
an indication of the type of service, repair or replacement performed
and the name of the person(s) who performed the inspection, maintenance,
repair or replacement. The forms of the inspection, maintenance, repair
and replacement charts shall be included in the Operation and Maintenance
Manual.
L.
The owner of any property whose sewage disposal needs are met by
an IRSIS shall maintain an up-to-date record of all service calls,
inspections, maintenance, repairs and replacements performed on the
IRSIS which records shall be available for inspection by the Township
or other designee of the Township without prior notice. Property owners
shall forward quarterly copies of above records to Township or its
designee.
M.
The IRSIS shall have external controls placed in a weatherproof locked
box accessible to the contractor or, as necessary, Township or its
designee. The contractor, Township or its designee shall be provided
with keys to the locked box. Property owners shall consent to the
Township, or its designee, entering upon the property, not less than
once a year, without prior notice, to inspect all components of the
IRSIS as identified in Section 73.167 of the Pennsylvania Code, and
to perform twice yearly a water analysis of the discharged effluent
to confirm that said discharge meets or exceeds the required levels
of treatment required of such systems by BCDH. Testing shall occur
at the nozzle heads and shall include testing for residual chlorine,
fecal coliform, biochemical oxygen demand (BOD), suspended solids
(SS) as well as for any other substances for which testing is required
by BCDH.
N.
In the event that it is determined upon any inspection by contractor,
Township, or its designee, that any repair and/or replacement of any
component is required to bring the spray irrigation system into compliance
with BCDH or DEP regulations, Township or its designee shall issue
a Correction Order designating the system repair required and the
date by which such correction and/or replacement shall be accomplished.
The Correction Order may require that effluent from the IRSIS be pumped
by a qualified hauler until such system repair and/or replacement
is accomplished. Upon completion of the repair and/or replacement,
the Township or its designee shall reinspect the system to determine
compliance with the correction order and issue a certificate of correction
or a further correction order, if deemed necessary. Additionally,
the Township or its designee, at the time of its inspection, shall
also inspect the records maintained by the lot owner to determine
whether the system is being properly maintained. The Township or its
designee shall have the authority to issue a Maintenance Order directing
that any required maintenance be performed, at what intervals, as
well as directing the proper record keeping with reference to the
maintenance and repair of the system.
O.
In the event a property owner fails or refuses to permit Township
or its designee on the property to perform the inspections required
or to perform any work required by the correction order or maintenance
order, the Township, or its designee, shall have the right (but no
obligation) to enter upon the premises, conduct said inspections and
to perform any repairs or replacements with respect to the IRSIS,
all of which shall be made at the cost and expense of the property
owner. Prior to entering upon the premises and performing any repairs
or replacements of an IRSIS or its component parts, the Township,
or its designee, shall provide property owner five business days'
advance written notice of its intention to enter upon the premises
for these purposes. The property owner shall have the right to comply
with the terms of this agreement within that five-day period. Any
notice required by the terms of this agreement shall be sufficient
if sent to property owner's last known address by regular mail.
P.
During the period of time when an IRSIS is inoperable and/or incapable
of treating the discharged effluent so as to meet and/or exceed those
standards of the BCDH or DEP as aforesaid, property owner shall make
the necessary arrangements to remove said effluent and arrange for
the appropriate disposition of same at a properly certified and licensed
sewage disposal facility. In the event the property owner shall fail
to make the necessary arrangements for the removal of said effluent,
the Township, or its designee, shall have the right, upon 48 hours'
written notice to property owner, to enter upon the premises and cause
said effluents to be removed. Where the property owner causes the
effluents to be removed, he, she or they, upon request of the Township,
or its designee, shall provide an agreement with a hauler providing
for the removal and an agreement with the receiving facility. The
terms of removal provided in such agreement shall be determined at
such time as the IRSIS is in operation and its loading rate determined
and the recommendations of the DEP and/or Bucks County Department
of Health as to said requirements shall be binding on the parties.
The property owner agrees to continue hauling effluent until such
time as the IRSIS has been properly certified as being operable by
the BCDH and the Township or its designee.
Q.
The Township shall, by resolution duly adopted, establish the amount
of an annual fee for the inspections described herein and administrative
costs associated therewith. The resolution of the Township shall establish
the date upon which such annual fee shall be paid.
R.
Any costs incurred by the Township, or its designee, for inspections,
repairs and/or replacement of the IRSIS or its component parts or
in the removal of effluents in accordance with the terms of this chapter
shall be recoverable by the Township from the property owner. In the
event the property owner (or their heirs or assigns) fails to pay
the Township for such costs or expense, then the Township shall have
the right to:
S.
Nothing contained herein shall be construed to waive, affect or alter
any requirements of the Zoning, Land Development and Subdivision or
other ordinances of Nockamixon Township and nothing contained herein
empowers any Township officer or employee to waive any requirements
of such ordinances.
T.
Prior to the operation of an IRSIS and prior to the issuance of an
occupancy permit for any residence to be served by an IRSIS, property
owner shall provide a set of as-built plans sealed by an Engineer
along with a copy of the Operation and Maintenance Manual. The as-built
set of plans and Manual shall also be sent to BCDH. A letter from
property owner's consultant shall also accompany plans indicating
the IRSIS is built according to its design.
U.
The escrow provided for in Subsection C hereof shall be held by the Township, in escrow, in accordance with the terms hereof, including but not limited to the provisions of Subsection C and the following:
(1)
The escrow shall be deposited by Township in an interest bearing
escrow account and the interest thereon shall be paid to the Township
to offset the costs of administering the Operation and Maintenance
Agreement.
(2)
The Township shall have the right to apply the escrow principal,
together with any interest accruing thereon, to pay inspection, engineering
or consulting fees or any costs of repair to the IRSIS or the cost
of hauling any waste, incurred by the Township in the case of default
by the property owner of any of the provisions of the Operation and
Maintenance Agreement.
(3)
The escrow funds shall be maintained with the Township for the life
of each of the IRSIS.
(4)
At such time as an IRSIS no longer services the property on which
it is located, and the system has been shut down in accordance with
regulations of BCDH or DEP then in effect, the balance of escrow funds
then held on deposit shall be returned to the then-owner of the property
for which escrow has been deposited. However, if the IRSIS is shut
down because the property it services is being connected to a public
sewer system, the principal balance in the escrow account shall be
applied to the connection fees for connecting the lot to the public
sewer system with any balance thereafter returned to the property
owner. Interest accruing on the escrow fund shall be paid to the Township
in recognition of the administrative expenses incurred in connection
with this chapter.
V.
The Operation and Maintenance Agreement or a Memorandum thereof shall
be recorded in the office for the Recorder of Deeds in and for the
County of Bucks, and this agreement shall be binding upon property
owner, his, her or their heirs, administrators, executors, successors
and assigns.
Upon the sale of any dwelling which is served by an IRSIS, the
owner must provide documentation of compliance with this chapter as
a prerequisite to the issuance of a use and occupancy permit.
The Board of Supervisors of Nockamixon Township, or any officer
of the Township designated thereby for this purpose, is hereby, authorized
to give notice, by personal service or by United States Mail, to the
person who owns a property on which an IRSIS is located, requiring
such owner to pump, inspect or repair the on-lot sewage system and
provide the Township with a receipt and other specified information
documenting the date on which the on-lot sewage system was pumped,
inspected or repaired.
Costs for the administration of this chapter shall be assessed
to property owners in an amount set by Township resolution. It shall
be each individual property owner's responsibility to contract
with a licensed sewage hauler and certified on-lot sewage system inspector
for the pumping and inspection of the IRSIS.
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by Nockamixon Township,
pay a judgment of not more than $1,000, plus all court costs, including
reasonable attorney fees incurred by Nockamixon Township as a result
thereof. No judgment shall commence or be imposed, levied or payable
until the date of the determination of a violation by the District
Justice. If the defendant neither pays nor timely appeals the judgment,
Nockamixon Township may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day a violation continues shall constitute
a separate violation, unless the District Justice determining that
there has been a violation further determines that there was a good
faith basis for the person, partnership or corporation violating this
chapter to have believed that there was no such violation, in which
event there shall be deemed to have been only one such violation until
the fifth day following the date of the determination of a violation
by the District Justice and thereafter each day that a violation continues
shall constitute a separate violation.
B.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment
C.
District Justices shall have initial jurisdiction in proceedings
brought under this section. However, nothing contained herein shall
be construed or interpreted to prevent the Township from bringing
any other action, including an injunction action to enforce the provisions
hereof.
