[Ord. 445, 3/12/1997, § 1; as amended by Ord. 532,
9/10/2008]
The purpose of this part is to establish procedures for the
use and maintenance of holding tanks when Lower Southampton Township,
Bucks County Department of Health or the Pennsylvania Department of
Environmental Protection determines that the use of a holding tank
is necessary to abate a nuisance or public health hazard; or for use
by an institutional, recreational or commercial establishment with
a sewage flow of 400 gallons per day or less; or for temporary installation
when Act 537 revision provides for replacement of the temporary holding
tank by adequate sewerage services in accordance with a schedule approved
by Lower Southampton Township and the Pennsylvania Department of Environmental
Protection. It is hereby declared that the enactment of this part
is necessary for the protection, benefit and preservation of the health,
safety and welfare of the residents of Lower Southampton Township.
[Ord. 445, 3/12/1997, § 2]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this part shall be as follows:
A permanent or portable nonflushing toilet using chemical
treatment in the retaining tank for odor control.
A device for holding and processing human and/or organic
kitchen waste employing the process of biological degradation through
the action of microorganisms to produce a stable, humus-like material.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include, but are not limited
to, the following:
Any property within the Township upon which there is or is
to be erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sewage shall or may be discharged.
A device capable of reducing waste materials to ashes.
Any person vested with ownership, legal or equitable, sole
or partial of any property located in the Township.
Any individual, partnership, company, association, corporation
or other group or entity.
A device in which the flushing medium is restored to a condition
stable for reuse and flushing.
A holding tank where sewage is conveyed to it by a water-carrying
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 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.
A holding tank installed pending installation of a replacement
system or public sewer facilities.
Lower Southampton Township, Bucks County, Pennsylvania.
A holding tank designed to receive sewage where water under
pressure is not available.
[Ord. 445, 3/12/1997, § 3]
The Township Supervisors and their duly authorized agents are
authorized and empowered to undertake within the Township the control
and methods of holding tank sewage disposal and the collection and
transportation thereof.
[Ord. 445, 3/12/1997, § 4]
The Supervisors are hereby authorized and empowered to adopt
such rules and regulations by resolution concerning sewage which they
may deem necessary from time to time to effect the purpose herein.
[Ord. 445, 3/12/1997, § 5]
All such rules and regulations adopted by the Township shall
be in conformity with the provisions herein, all other ordinances
of the Township and all applicable laws and regulations of administrative
agencies of the Commonwealth of Pennsylvania.
[Ord. 445, 3/12/1997, § 6; as amended by Ord. 532,
9/10/2008]
The collection and transportation of all sewage from any holding
tank shall be performed under the direction and control of a hauler
licensed by the Bucks County Department of Health and/or Pennsylvania
Department of Environmental Protection. The disposal thereof shall
be made only at such site or sites as may be approved by the Bucks
County Department of Health and/or Pennsylvania Department of Environmental
Protection.
[Ord. 445, 3/12/1997, § 7; as amended by Ord. 532,
9/10/2008]
Before a holding tank may be installed, the property owner shall:
A.
Obtain a permit for the holding tank from the Bucks County Department
of Health and/or Pennsylvania Department of Environmental Protection.
B.
File a copy of the Bucks County Department of Health and/or Pennsylvania
Department of Environmental Protection permit and plan with the Township.
C.
File with the Township a copy of a written agreement between the
property owner, hauler and acceptor covering the periodic emptying
of the tank.
D.
Submit such additional information on size, location or otherwise
as the Township may require in order to complete this review.
E.
Deposit and/or post the sum of money or security, in the form and/or
amount as provided by the rules and regulations promulgated for this
part. These funds are to be held by the Township and used only in
the event the Township is required to perform any services or pay
for any services relative to the holding tank. The Board of Supervisors
shall have the right to claim the entire escrow deposit as reimbursement
for Township expenses.
F.
Pay a fee to the Township for the holding tank permit in accordance
with the appropriate resolution as adopted by the Board of Supervisors
from time to time.
G.
Execute an agreement to hold the Township harmless in the event of
a claim against the Township arising from the operation of the holding
tank.
H.
A permit issued under the terms of this agreement shall become null
and void if the holding tank installation has not been completed to
the satisfaction of the Township within one year of the date of issuance.
[Ord. 445, 3/12/1997, § 8; as amended by Ord. 532,
9/10/2008]
The owner of a property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this or any ordinance
of the Township, the provisions of any applicable law and the rules
and regulations of the Township and any administrative agency of the
Commonwealth of Pennsylvania.
B.
Permit only persons authorized by the Bucks County Department of
Health and/or Pennsylvania Department of Environmental Protection
to collect, transport and dispose of the contents therein.
C.
Be responsible for the periodic cleaning or emptying of the holding
tank as well as the cost thereof.
D.
Be responsible for the periodic testing of sewage and cost thereof
when deemed necessary by the Township.
[Ord. 445, 3/12/1997, § 9]
Any obligation or duty assumed by the Township under this part
shall be limited to holding tanks installed and used after the effective
date hereof.
[Ord. 445, 3/12/1997, § 10]
1.
Any person who violates any provision of this part shall be provided
with a notice of the proposed assessment of civil penalty for such
violation and the proposed assessment of the cost of damages caused
by such violation and the cost of correcting such violation. The notice
of proposed assessment shall contain the section or sections of this
part which have been violated, an explanation of the right to a hearing
to evaluate the violation and determine the amount of the penalty
and cost and the right to appeal the assessment hearing order. The
assessment hearing will be conducted by the Code Enforcement Officer.
The assessment hearing may be held at any time at the convenience
of the parties, and said hearing shall not be governed by requirements
for formal adjudicatory hearings.
2.
The civil penalty so assessed shall not be less than $300 nor more
than $2,500 for each violation. The civil penalty may be assessed
whether or not the violation was willful. In determining the amount
of the penalty, the Code Enforcement Officer shall consider the willfulness
of the violation, damage to water, land or other natural resources
or their uses, cost of restoration and abatement, savings resulting
to the person in consequence of the violation, deterrence of future
violation and other relevant factors.
3.
When the Code Enforcement Officer has assessed costs and/or a civil
penalty, the person assessed with the costs and/or civil penalty shall
then have 30 days to pay the costs and/or penalty in full. If the
person wishes to contest the assessment or the fact of the violation,
the person shall forward the amount of the assessment to the Township
within the thirty-day period for placement in an escrow account with
a bank in this commonwealth or post an irrevocable letter of credit
issued by a federal or commonwealth chartered lending institution
or post an appeal bond to the Township within such 30 days in the
amount of the assessment. The bond must be executed by a surety licensed
to do business in this commonwealth and in a form satisfactory to
the Township. If through administrative or final judicial review of
the assessment it is determined that no violation occurred or the
amount of the assessment is reduced, the Township shall remit the
appropriate amount to the person. Failure to make the required deposit
in escrow or submit an irrevocable letter of credit or a surety bond
shall result in a waiver of all legal rights to appeal the violation
or the assessment.
4.
The assessment hearing order may be appealed to the Municipal Services
Advisory Board within 30 days after receipt of the assessment hearing
order. The Municipal Services Advisory Board will conduct a de novo
hearing on the violation or violations. The hearing shall be conducted
pursuant to the local agency law. Any subsequent appeal shall be to
the Court of Common Pleas of Bucks County.
5.
If a person against whom costs and/or civil penalty has been assessed,
after notice and hearing, fails to pay the assessed costs and/or penalty
in full or fails to perfect an appeal de novo within 30 days following
the assessment, such failure to pay or perfect an appeal shall constitute
a separate violation, for which an additional civil penalty of not
more than $2,500 per week may be assessed for each week the violation
continues unabated.
6.
Costs and civil penalties shall be payable to the Township and shall
be collectable in any manner provided by law for the collection of
debts. If any person liable to pay costs and/or penalties neglects
or refuses to pay the same after demand, the amount of the costs and/or
civil penalties, together with interest, any costs that may accrue,
shall constitute a judgment in favor of the Township upon the real
property of the person from the date it has been entered and docketed
on record by the Prothonotary of Bucks County. The Township may, at
any time, transmit to the prothonotaries of other counties certified
copies of the judgment, and it shall be the duty of each prothonotary
to enter and docket the judgment and index the same without requiring
the payment of costs as a condition precedent to the entry thereof.
7.
Civil penalties collected pursuant to this part by the Township shall
be placed in a restricted account and shall only be used for the repair
of damage or mitigation of threats to the public health for costs
incurred to investigate and take enforcement action and for the administration
of this part.
[Ord. 445, 3/12/1997, § 11; as amended by Ord.
532, 9/10/2008]
Whenever sanitary sewer service provided by a municipal authority
becomes available for use, the holding tank must be disconnected and
disposed of in accordance with applicable Pennsylvania Department
of Environmental Protection regulations, and proper connection made
to the sanitary sewer within 90 days after notice to make connection.
[Ord. 445, 3/12/1997]
In addition to any other remedies provided in this part, any
violation of this part shall constitute a nuisance and may be abated
by the Township by either seeking appropriate equitable or legal relief
from a court of competent jurisdiction.
