The following programs are hereby enacted to effect improved on-lot disposal system (OLDS) installation, operation and maintenance. These programs apply to both existing and new OLDS in conjunction with appurtenant ordinances as outlined in §
18-103 of this Part.
The construction of a new OLDS or the modification, repair,
or expansion of an existing OLDS within the Township shall be subject
to the permitting requirements of the BCDH and/or PADEP (as applicable).
A copy of any permit issued by the BCDH and/or PADEP for the installation,
modification, repair or expansion of any OLDS must be forwarded to
the Township by the property owner within 30 calendar days of permit
issuance.
The organizational format for OLDS management in Upper Makefield
Township is outlined in Table 1 of this Part.
A. System ownership and maintenance. All individual OLDS shall be owned
and maintained by the property owner. All community OLDS shall be:
(1) Offered for dedication to the Township; or
(2) Agency-designated by the Township or owned and maintained by a homeowners'
association. The operator of all community sewage facilities must
be licensed by PADEP.
B. Financial requirement. Financial requirements for all new systems
shall be as follows:
(1) Individual conventional subsurface systems: none required.
(2) Individual residential spray irrigation systems (IRSIS), individual
small flow stream discharge systems, and individual alternate and
experimental systems: $3,000 performance guarantee for the life of
the system to be deposited with the Township by the system's
owner. The escrow shall be replenished as required in a maintenance
agreement governing the escrow executed prior to the installation
of the OLDS.
(3) Community systems (all types) construction escrow: 110% of the estimated
construction cost as approved by the Township Engineer. This escrow
is to be held until construction is completed to the satisfaction
of the Township Engineer.
(4) Community systems (all types) performance guarantee [i.e., operation
and maintenance (O&M) fund]: a cash escrow in an amount equal
to two times the estimated annual O&M to be retained by the Township
for the life of the system. The escrow shall be replenished as required
in an O&M agreement executed prior to the start of construction.
C. Township's right of entry. The Township, for the purpose of
examining the system, has right to enter at reasonable times upon
any premises in the Township upon which there is suspected to be any
nuisance or public health hazard, or threat to the public, health,
safety and welfare. (53 P.S. § 68007)
D. Required pumping and inspection of OLDS.
(1) All on-lot disposal systems utilizing a septic tank as a primary
treatment unit shall be pumped on the following schedule, at a minimum:
(a)
Individual and alternate design subsurface systems: once every
three years. Additionally, the system shall be pumped out more frequently
if required per the pumper/inspector recommendations.
(b)
IRSIS: annually, or as otherwise specified in the Township O&M
agreement.
(c)
Community systems (all types): annually, or as otherwise specified
in the Township O&M agreement.
(d)
Experimental systems: annually, or as otherwise specified in
the Township O&M agreement.
(2) All aerobic unit systems shall be inspected annually for proper operation
and certified to be in good working order.
E. OLDS pumping and inspection procedures.
(1) It is the responsibility of the property owner to have a Township-registered
and BCDH-licensed pumper/inspector perform the necessary work. A list
of registered pumpers/inspectors can be obtained from the Township.
(2) A pumper/inspector report (see Appendix B) must be completed during every site visit by an Upper
Makefield Township and BCDH licensed pumper/inspector and given to
the property owner as proof of pumpout. The pumper/inspector must
submit the pumper/inspector report for every tank pumped in Upper
Makefield Township within 20 days after the work has been completed.
In the event that cracks, leaks, inoperable baffles, or a system malfunction
are found by the pumper or inspector, both the pumper/inspector and
property owner must submit the pumper/inspector report to Upper Makefield
Township within 15 days of the work being completed. The Township
will submit a copy of the report to the BCDH for its records when
a system malfunction is documented. The damage or malfunction must
be repaired within 60 days, and the property owner must submit a certification
by the person performing the repairs that the repairs have been completed.
If the sixty-day time limit is met, the property owner may request
relief from the time requirement. The request for relief may, at the
option of the Township, be granted if the property has shown good
cause for the delay and if the property owner has demonstrated that
the repairs will be made at the earliest possible opportunity.
(3) The following procedure shall be utilized in pumping and inspecting
an on-lot disposal system utilizing a septic tank as a primary unit:
(a)
Locate the septic tank and the absorption areas (tile field
trenches, seepage pits, elevated sand mound, etc.).
(b)
Locate the septic tank cleanout manhole and excavate around
the cover to prevent soil from falling into the tank when the cover
is removed. The owner shall be responsible to have the cleanout manhole
excavated, whether by the sewage hauler or otherwise.
(c)
Remove manhole cover. Break up scum in the tank and pump out
a portion of the material in the tank. The inspection port over the
inlet or outlet baffles shall not be used for cleaning as this may
damage the baffles and will not permit the tank contents to be thoroughly
mixed for pumping.
(d)
Reinject the pumped liquid back into the tank to further break
up the scum and mix the sludge at the bottom of the tank with the
liquid. Pump out the mixed material.
(e)
Repeat Subsection
E(3)(d) until the tank is pumped out, i.e., sludge and scum removed.
(f)
Inspect the empty tank for cracks, leaks, deterioration and
missing baffles. The tank shall not be entered for the purpose of
inspection. A mirror and light may be helpful to see inside the tank.
Note any problems with the tank. Acid or chemical cleaners shall not
be used in the tank.
(g)
Replace the manhole cover carefully and securely.
(h)
If the cleanout manhole is buried deeper than 12 inches, risers
shall be installed over the cleanout manhole and inspection port to
facilitate future cleaning and inspection. The riser cleanout manhole
should be 24 inches in diameter.
(i)
Backfill over the cover or around the riser.
(j)
Make a visual inspection of the disposal area for surface seepage,
erosion, infiltration, etc., and note any problems.
(k)
Inform the property owner of any problems encountered with any
of the components of the system and, if possible, suggest corrective
measures.
(l)
Clean up any spillage. Dispose of the septage at any PADEP-approved
disposal site.
(4) Aerobic systems may not require regular three-year pumping, but shall
be inspected by a qualified person to determine that they are in good
working order.
F. Registration of sewage haulers and inspectors.
(1) Annual registration required. No sewage hauler, including those persons
delivering, picking up and cleaning portable sanitary facilities,
or inspector of aerobic systems shall engage in business within the
Township or offer such service within the Township without first registering
with the Township, on forms hereinafter provided from the Code Enforcement
Office.
(2) Application for registration. Applications for registration issued
hereunder shall be made upon forms prepared and made available by
the Township Code Enforcement Office, which shall state at a minimum:
(a)
The personal name, home address, and business name and address,
if any, of the applicant, and type of business organization under
which the business is operated (i.e., sole proprietor, partnership,
corporation).
(b)
For sewage haulers, the location, description, and listing of
the sewage hauling trucks owned, leased or operated by the applicant.
(c)
Experience and training of the operators of the vehicles proposed
for licensing or the inspectors.
(d)
For sewage haulers, the BCDH license issued pursuant to Section
4 of the BCDH Rules and Regulations Governing Individual Sewage Disposal
for the sewage transportation vehicle or vehicles being used.
(e)
Name, address, policy number, expiration date and policy limits
of applicant's liability insurance policies.
(f)
Such other information as the Code Enforcement Office shall
find reasonably necessary to effectuate the purpose of this Part and
to fairly determine the applicant's compliance with the terms
of this Part.
(g)
The disposal site for septage is a PADEP or NJDEP licensed facility.
(3) Minimum standards. Each sewage hauler/inspector registering with
the Township, except persons who are registering to deliver, pickup
and/or clean portable sanitary facilities, shall submit proof that:
(a)
The sewage hauler/inspector has pumping equipment which is capable
of reversing flow or reinjecting pumped material back into the tank
to thoroughly mix the sludge and scum into pumped liquid.
(b)
Each vehicle carries a mirror or reflecting device and an appropriate
light source for inspecting tanks.
(4) Insurance policies. The sewage hauler/inspector shall deliver to
the Code Enforcement Office certification of a general public liability
policy in a minimum amount of $1,000,000, which policy shall be effective
for a period of one year from the date of the application. The Township
shall be named as an additional insured on the insurance certificate.
(5) A sewage hauler or inspector who registers with the Township shall
agree in writing to abide by the regulations and procedures of this
Part.
(6) Revocation of status of registered sewage hauler/inspector. The Township
may revoke the registration made hereunder if the registration was
made fraudulently, or by making a false statement or statements of
a material fact which, if disclosed at the time of the registration,
would have disqualified the registrant. The Township may also revoke
a registration if the sewage hauler/inspector violates the regulations
and procedures of PADEP or BCDH or of this Part.
(7) Registration under this Part shall not confer upon the sewage hauler/inspector
any status as an employee or independent contractor of the Township,
and payment for services rendered to the sewage hauler/inspector shall
be by the owner, operator or custodian of the system being pumped.
G. In accordance with the requirements of the Pa.Code Title 25, Chapter
73, Standards for On-lot Sewage Treatment Facilities, only normal
domestic wastes, including kitchen, bathroom, and laundry wastes and
water softener backwash water, shall be discharged to any on-lot sewage
disposal system. Sewage which contains any of the following shall
not be discharged into any individual or community sanitary sewage
disposal system:
(1) Industrial waste (without appropriate permitted pretreatment).
(2) Automobile oil and any other nondomestic oil.
(3) Toxic or hazardous substances or chemicals, including but not limited
to pesticides, disinfectants (excluding household cleaners), acids,
paints, paint thinners, herbicides, gasoline and other solvents.
(4) Clean surfacewater or groundwater, including water from roof or cellar
drains, springs, basement sump pumps, and french drains.
(5) Wastewater resulting from hair treatment at beauty salons having
more than one licensed operator.
(6) Any nonbiodegradable materials.
(7) Backflow from the absorption area following or during pumping.
(8) Surface discharge, ponding, or other signs of malfunction in the
vicinity of the absorption area.
H. The use of garbage grinders (garbage disposals) connected to on-lot
disposal systems is prohibited for new construction and is strongly
discouraged for existing systems as they increase the solids in the
treatment tank which may necessitate more frequent pumping or may
cause improper functioning of the treatment unit.
I. All new construction must comply with the Uniform Construction Code
(UCC) requirements for water-conserving plumbing fixtures and fittings.
The Township may require the installation of water conservation devices,
consistent with the UCC, and other operation and/or maintenance procedures
to improve the performance of malfunctioning on-lot sewage disposal
systems.
J. Special sewage management program districts.
(1) Needs areas.
(a)
The BCDH has identified the following areas within the Township
as "needs areas" with a history of malfunctioning OLDS:
(b)
The boundaries of these needs areas, hereinafter referred to
as "special sewage management program (SSMP) districts," along with
an identification of the properties contained therein, are attached
hereto within Appendix C.
(2) The Official Act 537 Plan includes supplemental provisions specific
to the SSMP districts beyond those proposed in the preceding sections
of this Part to improve the performance of the existing OLDS in these
districts. These supplemental provisions include the following:
(a)
Septic tank pumping as noted in §
18-124D(1)(a) of this chapter shall occur once every two years within the SSMP Districts. The two-year septic tank pumping frequency within the SSMP Districts may be increased to three years, if, in the sole discretion of the Township or its delegate, the OLDS design and/or loading information provided by the property owner warrants a less frequent pumping cycle.
[Amended 8-20-2019 by Ord. No. 324]
(b)
The pumper/inspector report referenced in §
18-124E(2) of this Part shall be submitted to the Township by the pumper/inspector within 15 days of the work being completed within the SSMP districts, whether or not problems with the OLDS are noted by the pumper/inspector.
(c)
Property owners within the SSMP districts shall perform an annual
inspection/assessment of the existing OLDS serving their property
utilizing the Property Owner Inspection Report Form developed by the
Township (See Appendix D). The OLDS inspection/assessment shall be performed during
the months of March, April, or May of the given year. The Property
Owner Inspection Report Form must be submitted to the Township by
no later than June 15 of the given year.
(d)
Low flow/usage plumbing fixtures shall be used in conjunction
with any plumbing repairs/upgrades performed on any property within
the SSMP districts.
(e)
Notwithstanding the supplemental provisions outlined within §
18-124J(2) above, all other aspects of §
18-124 of this Part apply to properties within the SSMP districts.