[Amended 12-5-2016 by Ord. No. 2016-06]
The purpose of this article is to establish procedures for the use and maintenance of holding tanks designed to receive and retain sewage, whether from residential or commercial uses, and it is hereby declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the residents of the Township.
A. 
The governing body is hereby authorized and empowered to require within the Township a scheduled system of pumping of on-lot sewage disposal systems and/or holding tanks, the proper disposal of settled sewage solids and the collection and transportation thereof.
B. 
The governing body is hereby authorized and empowered to adopt by resolution such rules and regulations concerning the pumping of on-lot sewage disposal systems and/or holding tanks which it may deem necessary from time to time to effect the purposes herein.
C. 
All such rules and regulations adopted by the governing body shall be in conformity with the provisions herein, all other ordinances of the Township, all applicable laws, rules and regulations of the Commonwealth of Pennsylvania and any administrative agency thereof.
D. 
The governing body shall have the right and power to fix, alter, charge and collect rates, assessments and other charges in the area served by its facilities at reasonable and uniform rates as authorized by applicable law. Any inspections and/or charges for administrative fees relative to the monitoring and inspection of facilities or holding tanks shall be set in accordance with the Township fee schedule resolution.
A. 
If a property is unable to obtain sewage facilities and capacity from TOFA and/or any other municipal sewage authority due to lack of available capacity, upon approval of the governing body, it is hereby authorized to utilize an on-lot sewage disposal system unless and until such capacity becomes available. The property must be connected to the public sanitary sewer within one year of written notice of available capacity from the appropriate municipal authority. Upon approval of the governing body, if a property owner elects to utilize an on-lot sewage disposal system, all provisions of this article shall apply.
B. 
All sewage collected in an on-lot sewage disposal system and/or holding tank pursuant to this article shall be pumped from the holding tank and hauled off site a minimum of once every calendar year to a location approved by the DEP.
C. 
The collection and transportation of all sewage from any improved property utilizing a holding tank and/or an on-lot sewage disposal system shall be governed by an approved pump and haul agreement between the property owner and sewage hauler, and the disposal thereof by the sewage hauler shall be made only at such site or sites as may be approved by the DEP. The pump and haul agreement shall be approved by the appropriate municipal authority, and the Township shall receive a copy of the pump and haul agreement between the property owner and sewage hauler.
D. 
Each owner is required to have proof that their system has been pumped out a minimum of once every calendar year by providing a copy of the disposal receipt to the Township office.
E. 
The governing body will receive, review and retain pumping receipts for all improved properties with on-lot sewage disposal systems.
The owner of an improved property that utilizes an on-lot sewage disposal system shall:
A. 
Maintain the on-lot system in conformance with this or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the governing body and any administrative agency of the Commonwealth of Pennsylvania.
B. 
Cause the on-lot sewage disposal system(s) on the property to be inspected annually to ensure the proper functioning of the system. Proof of such annual inspection shall be forwarded to the Township for review.
C. 
To have the holding tank of the on-lot sewage disposal system pumped a minimum of once every calendar year by a sewage hauler as required by this article. The pumped sewage shall thereafter immediately be transferred to a DEP-approved wastewater treatment facility or other DEP-approved facility Proof of such pumping and hauling shall be provided to the Township within 30 days of the date of such pumping and hauling, in a form acceptable to the Township in its sole discretion. Responsibility for ensuring compliance with this section shall at all times rest with the property owner.
D. 
Place a permanent marker in the ground above or adjacent to the holding tank lid (if lid is not extended to the ground surface) for ease of locating the opening for pumping purposes in the future.
E. 
Upon the discontinuance of the use of a holding tank for sewage disposal for any reason, the owner thereof shall have the tank removed or abandoned in place as directed by the Township Engineer.
A. 
Acceptable holding tank waste for disposal at a DEP-approved treatment plant or other DEP-approved facility shall include:
(1) 
Normal domestic holding tank waste that receives only waste or wastewater from human or household operations.
(2) 
Normal commercial and/or industrial holding tank waste created by the property owner, including processing wastewater, that may be disposed of at a DEP-approved facility.
B. 
It shall be the property owner's sole responsibility to ensure that all holding tank waste shall be acceptable to the wastewater treatment plant and/or DEP-approved facility.
C. 
It shall be a violation of this article for a sewage hauler or property owner to dispose of any of the following at a wastewater treatment plant:
(1) 
Any industrial waste stream not approved by the receiving wastewater treatment plant.
(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) 
Grease removed from a grease trap at a restaurant.
A. 
The duties of a sewage hauler shall include:
(1) 
Obtaining and maintaining at all times a valid hauled wastewater discharge permit from required authorities.
(2) 
Agreeing to abide by all local and Commonwealth of Pennsylvania rules and regulations governing the proper pumping, hauling and disposal of sewage.
(3) 
Maintaining at all times insurance coverage at levels (or higher) as required by TOFA or other appropriate municipal authority and to provide a certificate of insurance to such municipal authority upon request.
(4) 
Dispose of all sewage collected in Falls Township at a DEP-approved facility.
(5) 
Provide a copy of the disposal receipt for each property pumped to the governing body within 30 days of pumping.
B. 
Violations of provisions of this article shall result in the Township recommending that the issuing authority suspend the sewage hauler's hauled wastewater discharge permit or taking legal action as permitted by this article or other applicable law.
A. 
Criminal enforcement. Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to 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, and each section of this article that is violated shall also constitute a separate offense.
B. 
Equity enforcement. In addition to the criminal penalties provided for in Subsection A above, this article may be enforced by an action in equity brought in the Court of Common Pleas of Bucks County to abate, mitigate, restrain or prevent violations of this article which constitute a nuisance. Any violation of this article shall constitute a nuisance.
A. 
Fines, civil penalties and fees.
(1) 
In addition to proceeding under any other remedy available at law or in equity for a violation of this article, the governing body, after notice and hearing, may assess a civil penalty against any person for such violation. The governing body may also assess the costs of damages caused by such violation and the cost of correcting such violation. Before assessing a civil penalty or such cost, the governing body shall provide the alleged violator with a notice of proposed assessment which cites the violation of the ordinance, rule or regulation issued thereunder and offer to conduct an assessment hearing to evaluate the violation and the amount of the penalty or cost. The notice of proposed assessment shall contain an explanation of the right to a hearing and appeal. The governing body shall assign a representative to hold the assessment hearing. The assessment hearing shall not be governed by requirements for formal adjudicatory hearings and may be held at any time at the convenience of the parties. The civil penalty may be assessed whether or not the violation was willful. The civil penalty assessed shall be not less than $300 and not more than $2,500, plus any attorneys' fees incurred by the Township during the investigation and prosecution of any alleged violation, for each violation.
(2) 
In determining the amount of the penalty, the governing body shall consider:
(a) 
Willfulness of the violation;
(b) 
Damage to water, land or other natural resources or their uses, costs of restoration and abatement;
(c) 
Savings resulting to the person in consequence of the violation;
(d) 
Deterrence of future violation; and
(e) 
Other relevant factors.
(3) 
If a person against whom costs or a civil penalty have been assessed after notice and hearing pursuant to this section fails to pay the assessed cost or penalty in full or to perfect an appeal de novo under this section within 30 days following assessment of a civil penalty, such failure to pay or perfect an appeal shall constitute a separate violation for which an additional civil penalty may be assessed pursuant to this section. Additional violations shall be deemed to occur and additional civil penalties may be assessed pursuant to this section each time a person fails to pay or perfect an appeal under this section.
(4) 
When the governing body has assessed costs or a civil penalty pursuant to this section, the person assessed with the costs or civil penalty shall then have 30 days to pay the cost or penalty in full. If the person wishes to contest the penalty or the fact of the violation, the person shall have a right to an appeal de novo, pursuant to Section 16 of the Pennsylvania Sewage Facilities Act (35 P.S. § 750.16). The person shall forward the amount of the civil penalty to the governing body within the thirty-day period for placement in an escrow account with the state treasurer or any bank in this commonwealth, post an irrevocable letter of credit issued by a federal or commonwealth-chartered lending institution or post an appeal bond to the governing body assessing the civil penalty within such 30 days in the amount of the assessed civil penalty or such other amount as may be approved by a court of competent jurisdiction or the environmental hearing board. The bond must be executed by a surety licensed to do business in this commonwealth and in a form satisfactory to the governing body and the prothonotary. If through administrative or final judicial review of the proposed assessed penalty it is determined that no violation occurred or that the amount of the penalty is reduced, the governing body shall, within 30 days, remit the appropriate amount to the person. Failure to make the required deposit in escrow or submit an irrevocable letter of credit or surety bond as provided shall result in a waiver of all legal rights to appeal the violation or the amount of the penalty.
(5) 
In any case where the governing body determines that damage resulting from the violation is of a continuing nature, the governing body may impose a weekly assessment of not more than $2,500 per week for each week the violation continues unabated by the violator. The weekly assessment shall accrue indefinitely after the date of notice of the assessment to the violator.
(6) 
Costs and civil penalties shall be payable to the governing body and shall be collectable in any manner provided by law for the collection of debts, including the filing of a lien against the property or properties associated with the on-lot sewage disposal system. If any person liable to pay these costs or penalty neglects or refuses to pay the same after demand, the amount of the cost or civil penalty, together with interest and any cost that may accrue, shall constitute a judgment in favor of the governing body assessed upon the real property of the person from the date it has been entered and docketed on record by the prothonotary of the county where such is situated.
B. 
Equity enforcement. A violation of Section 7 of the Pennsylvania Sewage Facilities Act or the discharge of untreated or partially treated sewage to the surface of the ground or into the waters of this commonwealth except as specifically approved by the Department under Section 202 and 207 of the Clean Streams Law, or permitted by the governing body pursuant to Section 7.3 of the Pennsylvania Sewage Facilities Act, shall constitute a nuisance and shall be abatable in manner provided by law.