[Amended 7-17-2018 by Ord. No. 2018-03]
A.
This Part 5 shall be known and may be cited as "An Ordinance Providing
for the On-lot Sewage Management Program for Falls Township."
B.
In accordance with municipal codes, the Clean Streams Law (Act of
June 27, 1937, P.L. 1987, No. 394, as amended, 35 P.S. §§ 691.1
to 691.1001), and the Pennsylvania Sewage Facilities Act (Act of January
24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq.,
known as "Act 537"), it is the power and duty of Falls Township 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. The Official Sewage Facilities Plan for Falls Township
indicates that it is necessary to formulate and implement a sewage
management program to effectively prevent and abate water pollution
and hazards to the public health caused by improper treatment and
disposal of sewage.
C.
The purpose of this Part 5 is to provide for the regulation, inspection,
maintenance and rehabilitation of on-lot sewage disposal systems;
to further permit intervention in situations which may constitute
a public nuisance or hazard to the public health; and to establish
penalties and appeal procedures necessary for the proper administration
of a sewage management program.
A.
AUTHORITY
AUTHORIZED AGENT
BOARD OF DIRECTORS
BOARD OF SUPERVISORS
CESSPOOL
CODE ENFORCEMENT OFFICER
COMMUNITY SEWAGE SYSTEM
DEP
EVIDENCE OF MALFUNCTION
GRAY WATER
HEALTH DEPARTMENT
HOLDING TANK
INDIVIDUAL SEWAGE SYSTEM
MAINTENANCE
MALFUNCTION
NEW SYSTEM
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
PERSON
PUMPER'S REPORT
PUMPER/HAULER, DESIGNER AND INSTALLER OF ON-LOT SEPTIC SYSTEMS
REGISTRATION AND PUMPER/HAULER SELECTION FORM
REHABILITATION or REPAIR
REPLACEMENT AREA
REPLACEMENT SYSTEM
SEPTAGE
SEWAGE
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
TOWNSHIP
WATER TEST
WATERS OF THE COMMONWEALTH
Unless the context specifically indicates otherwise, the meanings
of terms used in this Part 5 shall be as follows:
The Township of Falls Authority.
A representative of the Health Department that is qualified
and authorized by the Health Department to carry out the provisions
of this Part 5 related to permitting, inspections, and other functions
as specified herein.
[Amended 10-16-2018 by Ord. No. 2018-04]
The Board of Directors of the Township of Falls Authority.
The Board of Supervisors of Falls Township, Bucks County.
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).
[Added 10-16-2018 by Ord.
No. 2018-04]
An individual employed by the Township to administer and
enforce ordinances in the Township.
[Added 10-16-2018 by Ord.
No. 2018-04]
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots, and the treatment and/or
disposal of the sewage on one or more lots or at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
[Amended 10-16-2018 by Ord. No. 2018-04]
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 is also
evidence of a malfunction.
[Added 10-16-2018 by Ord.
No. 2018-04]
Domestically generated liquid wastes, including kitchen and
laundry wastes and water softener backwash.
[Added 10-16-2018 by Ord.
No. 2018-04]
Bucks County Health Department (BCHD).
[Added 10-16-2018 by Ord.
No. 2018-04]
A watertight receptacle that receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site.
[Added 10-16-2018 by Ord.
No. 2018-04]
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into any waters of this commonwealth.
Those actions required to provide for the long-term proper
functioning of an on-lot 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 sewage disposal system; the diversion of surface water
away from an on-lot sewage disposal system; and the reduction of flow
from the structure being served (i.e., the installation of water conservation
devices).
[Added 10-16-2018 by Ord.
No. 2018-04]
A condition which occurs when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into ground waters
of this commonwealth, into surface waters of this commonwealth, backs
up into a building connected to the system or in any manner causes
a nuisance or hazard to the public health or pollution of ground-
or surface water or contamination of public or private drinking water
wells. Systems shall be considered to be malfunctioning if any condition
noted above occurs for any length of time during any period of the
year.
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.
[Added 10-16-2018 by Ord.
No. 2018-04]
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the Board of Supervisors and approved
by the Pennsylvania Department of Environmental Protection, pursuant
to the Pennsylvania Sewage Facilities Act.
Any system for disposal of domestic sewage involving pretreatment
and subsequent disposal of the clarified sewage into a subsurface
soil absorption area or retaining tank; this term includes both individual
sewage systems and community sewage systems.
[Amended 10-16-2018 by Ord. No. 2018-04]
Any individual, 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 the subject of rights and duties. Whenever
used in any clause prescribing and imposing a penalty or imposing
a fine or imprisonment, the term "person" shall include the members
of an association, partnership or firm and the offers of any local
agency or municipal, public or private corporation, for profit or
not for profit.
The form which shall be used by all licensed pumper/haulers
to report each pumping of an on-lot sewage disposal system in the
Township.
[Added 10-16-2018 by Ord.
No. 2018-04]
Any person, as that term is defined in this Part 5, 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 Authority. For purposes of this Part 5,
persons identified herein shall be hereinafter referred to as "pumper/hauler."
[Added 10-16-2018 by Ord.
No. 2018-04]
The form which shall be made available by the Authority.
It is the means for property owners to register their on-lot sewage
disposal system with the Authority and to select an Authority-licensed
pumper/hauler of their choice.
[Added 10-16-2018 by Ord.
No. 2018-04]
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system, including the enlargement
of the total absorption area, provided that the flows from the structure
being served are unchanged or reduced.
[Amended 10-16-2018 by Ord. No. 2018-04]
A portion of a lot, or property, sized to allow the installation
of a subsurface sewage disposal area, which is reserved to allow for
the installation of a replacement sewage system in the event of a
malfunction of the originally installed on-lot sewage disposal system.
[Added 10-16-2018 by Ord.
No. 2018-04]
An on-lot sewage disposal system which replaces a previously
installed on-lot sewage system which cannot be repaired or rehabilitated
to a condition acceptable to the Bucks County Health Department.
[Added 10-16-2018 by Ord.
No. 2018-04]
The residual scum and sludge pumped from septic systems.
[Added 10-16-2018 by Ord.
No. 2018-04]
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 substances being harmful or inimical
to the public health, or to animal or aquatic life, or 10 the use
of water for domestic water supply or for recreational 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]
Any area or areas of Falls Township designated in the Official
Sewage Facilities Plan adopted by Falls Township as an area for which
a Sewage Management program is to be implemented.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this Part 5, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder
and such other requirements adopted by the Board of Supervisors to
effectively enforce and administer this Part 5.
The division or redivision of a lot, tract or other parcel
of land into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines. The enumerating
of lots shall include as a lot that portion of the original tract
or tracts remaining after other lots have been subdivided therefrom.
The Township of Falls, Bucks County, Pennsylvania.
The bacteriological water test supplied by the DEP which
analyzes the presence of bacteriological contamination, including
coliform organisms in drinking water.
[Added 10-16-2018 by Ord.
No. 2018-04]
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.[2]
[Added 10-16-2018 by Ord.
No. 2018-04]
A.
From the
effective date of this Part 5, its provisions shall apply in any portion
of Falls Township identified in the Official Sewage Facilities Plan
as a sewage management district. Within such area or areas, the provisions
of this Part 5 shall apply to all persons owning any property serviced
by an on-lot sewage disposal system and to all persons installing
or rehabilitating on-lot sewage disposal systems.
B.
A registration form shall be filed with the Authority 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 sewage disposal system.
[Added 10-16-2018 by Ord.
No. 2018-04]
A.
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this Part
5. The Authority shall be authorized to exercise the powers conferred
upon it pursuant to the terms and conditions of this Part 5 or any
other applicable laws of the county, state and federal government.
[Amended 10-16-2018 by Ord. No. 2018-04]
B.
The Township of Falls Authority shall administer and enforce the
provisions of this Part 5. The Authority may also contract with private
qualified persons or firms as necessary to carry out the provisions
of this Part 5.
[Amended 10-16-2018 by Ord. No. 2018-04]
C.
All permits, records, reports, files and other written materials
relating to the installation, operation, and maintenance and malfunction
of on-lot sewage disposal systems in the sewage management district
shall become the property of, and maintained by, the Authority. Existing
and future records shall be available for public inspection during
regular business hours at the official office of the Authority. All
records pertaining to sewage permits, building permits, occupancy
permits and all other aspects of the sewage management program shall
be made available, upon request, for inspection by representatives
of DEP.
D.
The Authority Board of Directors shall establish all administrative
procedures necessary to properly carry out the provisions of this
Part 5.
E.
The Authority Board of Directors may establish a fee schedule, and
authorize the collection of fees, to cover the cost to the Authority
of administering this program.
F.
Right of entry.
[Added 10-16-2018 by Ord.
No. 2018-04]
(1)
Authorized persons acting on behalf of the Authority shall, upon
presentation of the proper credentials and identification, be permitted
to enter upon the outside of the property that contains an on-lot
sewage disposal system for the purpose of inspecting, observing, photographing
and sampling the on-lot sewage disposal system or alternate system,
in accordance with the provisions of this Part 5.
(2)
The Authority and/or Health Department shall provide advance notice
to the property owner of the on-lot sewage disposal system and/or
alternative system prior to a regularly schedule inspection or maintenance.
G.
Wastewater management business approval (pumping/hauling).
[Added 10-16-2018 by Ord.
No. 2018-04]
(1)
Before offering pump and haul services to property owners in Falls
Township, all pumper/hauler businesses shall:
(a)
Obtain approval from the Authority and comply with all reporting
requirements established herein.
(b)
Identify all employees/owners and vehicles that will provide
services in the Township.
(c)
Operate in a manner consistent with the provisions of the Pennsylvania
Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101
to 6018.1003).
(d)
Provide documentation that all septage pumped from properties
in Falls Township will be delivered to a DEP-approved site or facility.
(e)
Be licensed by the Bucks County Health Department.
(2)
The requirement to obtain approval shall be in compliance with the
provisions of this Part 5 and the Authority may, by resolution of
its Board of Directors, establish a fee for the review and approval
of applications for same.
(3)
When there is a change in the personnel/employees or vehicles that
provide services in accordance with this Part 5, it shall be the obligation
of the business owner to notify the Authority of the changes within
seven days of the effective date of the change.
[Amended 10-16-2018 by Ord. No. 2018-04]
A.
No person shall install, construct or request bid proposals for construction,
or alter an individual sewage system or community sewage system or
construct or request bid proposals for construction or install or
occupy any building or structure for which an individual sewage system
or community sewage system is to be installed without first obtaining
a permit from the Health Department, which permit shall indicate that
the site and the plans and specifications of such system are in compliance
with the provisions of the Pennsylvania Sewage Facilities Act (35
P.S. § 750.1 et seq.) and the regulations adopted pursuant
to said Act.
B.
No system or structure designed to provide individual or community
sewage disposal shall be covered from view until final inspection
and approval to cover the same has been given by the Health Department.
C.
Applicants for sewage permits shall be required to notify the Health
Department of the schedule for construction or rehabilitation, repair
and/or replacement of the permitted on-lot sewage disposal system
so that inspection(s) in addition to the final inspection required
by the Sewage Facilities Act may be scheduled and performed by the
Health Department.
D.
No building or occupancy permit shall be issued by the Township and
no work shall begin for a new building, addition, alteration or 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 Authority should be notified by the Health Department of all permits
issued and all final inspections performed in Falls Township. A system
registration and pumper hauler selection form from the property owner
must be on file with the Authority.
E.
Sewage permits may be issued only by the Health Department.
F.
Nothing herein shall be construed to relieve the requirement that
any other permit be obtained from the Township, the Authority, or
any other agency having jurisdiction over the property and/or the
construction of the individual or community sewage system.
G.
No contractor shall install, construct, rehabilitate or alter an
on-lot sewage disposal system without verifying that the property
owner has complied with the provisions of this Part 5.
H.
The Authority shall provide a copy of this Part 5 and any other relevant
material related to the management and maintenance of on-lot sewage
disposal facilities to all property owners who are issued a use and
occupancy permit by the Township, where the use and occupancy permit
is issued by the Township for a property that makes use of an on-lot
sewage disposal facility.
[Amended 10-16-2018 by Ord. No. 2018-04]
A.
All on-lot sewage disposal system shall be inspected by an Authority-approved
pumper/hauler, as set forth previously in this Part 5.
B.
Such inspection shall include a physical tour of the property, inspection
and pumping of the system. The inspection may also include the taking
of samples from surface water, wells, or other groundwater surfaces,
the sampling of contents of the sewage disposal system itself and/or
the introduction of a traceable substance into the interior plumbing
of the structure served to ascertain the path and ultimate destination
of wastewater generated in the structure. 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 Part 5. The report
of the inspection of the on-site 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 Authority. The property owner shall also
provide a copy of the water test to the Authority.
C.
In the event that the inspection is denied by the property owner,
the Authority shall be authorized to take such steps as are appropriate
to secure access to the property for the purposes of determining compliance
with the terms and conditions of this Part 5. Said steps shall include,
but not be limited to, the seeking of an administrative search warrant
from the appropriate judicial official.
D.
An initial inspection shall be conducted by an authorized agent on
or before October 16, 2019, for the purpose of determining the type
and functional status of each sewage disposal system in the sewage
management district. A written report shall be furnished to the owner
of each property inspected and a copy of said report shall be maintained
in the Authority records.
E.
A schedule of routine inspections may be established to assure the
proper functioning of the sewage systems in the sewage management
district.
F.
The Authority-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 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 Authority.
G.
All owners of on-lot 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
sewage disposal systems shall comply with all permitting requirements
of the Township and/or the Health Department. Gray water discharges
are a violation of Section 73.11 of the Pennsylvania Code, Title 25,
Environmental Protection, and may also be in 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.
H.
The Authority will periodically review the number and location of
malfunctioning on-lot sewage disposal systems to determine if alternate
sewage disposal solutions may be necessary. If there arises a geographic
area where numerous on-lot sewage disposal systems are malfunctioning,
a resolution of these area-wide problems may necessitate detailed
planning and a revision to the portion of the sewage facilities plan
pertaining to areas affected by such malfunctions.
[Amended 10-16-2018 by Ord. No. 2018-04]
A.
Only normal domestic wastes shall be discharged into any on-lot sewage
disposal system. The following shall not be disposed into the 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 (excluding household cleaners), acids,
paints, paint thinners, herbicides, gasoline and other solvents.
(4)
Clean surface or groundwater, including water from roof or cellar
drains, springs, basement sump pumps and French drains.
(5)
Any nonbiodegradable materials.
(6)
Radioactive waste materials.
B.
No person shall operate or maintain an on-lot sewage disposal system
in such a manner that it malfunctions. All liquid wastes, including
kitchen and laundry wastes and water softener backwash, shall be discharged
to a treatment tank. No sewage system shall discharge untreated or
partially treated sewage to the surface of the ground or into the
waters of the commonwealth unless a permit for such discharge has
been obtained from DEP.
C.
The Township or Authority may require the installation of water conservation
devices, and other operation or maintenance procedures, to improve
on-lot sewage system operation.
D.
Each person owning a building served by an on-lot sewage disposal
system shall have the system pumped by an Authority-approved pumper/hauler
at least once every three years or whenever an inspection reveals
that the septic tank is filled with solids or with scum in excess
of 1/3 of the liquid depth of the tank. Receipts from the pumper/hauler
shall be submitted to the Authority immediately after each pump-out.
If any person can prove that such person's septic tank had been pumped
within three years of April 16, 2019, then that person's initial required
pumping may be delayed to conform to the general three-year frequency
requirement except where an inspection reveals a need for more frequent
pumping frequencies.
E.
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 Health Department 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 Authority'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 Authority's approved pumper/hauler. Thereafter,
all tanks shall be pumped at least once every three years. An Authority-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 Authority within 14 days after
the pumping.
F.
The required pumping frequency may be increased at the discretion
of the authorized agent 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 grinder
is used in the building, if the system malfunctions or for other good
cause shown.
G.
Any person owning a building served by an on-lot sewage disposal
system which contains an aerobic treatment tank shall follow the operation
and maintenance recommendations of the equipment manufacturer. A copy
of the manufacturer's recommendations and a copy of the service agreement
shall be submitted to the Authority on or before April 16, 2019. Thereafter,
service receipts shall be submitted to the Authority at the intervals
specified by the manufacturer's recommendations. In no case may the
service or pumping intervals for aerobic treatment tanks exceed those
required for septic tanks.
H.
Any person 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).
I.
Additional maintenance activity may be required 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, the diversion
of surface water away from the disposal area, etc. A sewage permit
from the Health Department is required for the leveling of distribution
boxes, tanks and lines, and may be required where removal of roots
and trees is needed, depending upon where such features are located
in the on-lot sewage disposal system. No permit from the Health Department
is necessary when repairing or replacing a sewage pump. In all cases,
compliance with all permitting requirements of the Health Department
is required, whether or not specifically identified in this section.
J.
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 Authority requires documentation of pump-out and tank
and site conditions, the property owner may not prevent the pumper
from complying with this Part 5 or any other applicable Township,
Authority, state or federal requirements. A copy of any report given
to the Authority shall also be provided to the property owner.
K.
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 Authority on forms provided by the Authority 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.
[Amended 10-16-2018 by Ord. No. 2018-04]
A.
If the Health Department determines that any on-lot sewage disposal
system is malfunctioning and, further, if that property abuts or fronts
an existing public sewer, then the Health Department shall require
that property to be connected to said public sewer, at the property
owner's sole cost and expense. Under those circumstances, the Health
Department 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 Authority will notify the Health Department. The Authority should
be notified by the Health Department of all permits issued and final
inspections performed in Falls Township.
C.
Should the Health Department indicate that it is not possible to
repair or modify the system to comply with the DEP'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 DEP.
D.
The Health Department may require the repair, rehabilitation or 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, replacing the existing
disposal area, replacing a gravity distribution system with a pressurized
system, replacing the system with a holding tank, or any other alternative
appropriate for the specific site, including use of reservation areas
as required for new systems in this Part 5.
E.
In lieu of, or in combination with, the remedies described in Subsection C above, the Health Department may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water-using devices and appliances in the structure may be required to be retrofitted with water-saving appurtenances or they may be required to be replaced by water-conserving devices.
F.
In the event that the rehabilitation measures in Subsections A through D are not feasible or effective, the property owner may be required to apply for a permit to install an individual residential spray irrigation treatment system or to DEP for a single residence treatment and discharge system, known as a small flow treatment facility. Upon receipt of said permit the owner shall complete construction of the system within 30 days.
G.
Should none of the remedies described in this section be totally
effective in eliminating the malfunction of an existing on-lot sewage
disposal system, the property owner is not absolved of responsibility
for that malfunction. The Authority may require whatever action is
necessary to lessen or mitigate the malfunction to the extent necessary.
[Amended 10-16-2018 by Ord. No. 2018-04]
A.
The Authority, upon written notice from the Health Department that
an imminent health hazard exists due to the failure of a property
owner to maintain, repair or replace an on-lot sewage disposal system
as provided under the terms of this Part 5, shall have the authority
to perform, or contract to have performed, the work required by the
Health Department. The owner shall be charged for the work performed
and, if necessary, a lien shall be entered therefor in accordance
with law.
B.
The Authority shall not, however, be obligated to perform or contract
to have performed any work required to maintain, repair, rehabilitate
or replace any on-lot sewage system.
[Amended 10-16-2018 by Ord. No. 2018-04]
A.
All septage pumper/haulers operating within Falls Township shall
be approved by the Authority and shall comply with all reporting requirements
established by the Authority.
B.
All septage originating within the Township shall be disposed of
at sites or facilities approved by the DEP.
C.
Pumper/haulers of septage operating within the sewage management
district shall operate in a manner consistent with the provisions
of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35
P.S. §§ 6018.101 to 6018.1003) and all other applicable
laws.
D.
The requirements to obtain Authority approval shall be in compliance
with the provisions of this Part 5, and the Authority may, by resolution
of its Board of Directors, establish a fee for review and approval
of any such application.
A.
Appeals from final decisions of the Authority or any of its authorized
agents under this Part 5 shall be made to the Board of Directors,
in writing, within 30 days from the date of written notification of
the decision in question.
B.
The Appellant shall be entitled to a hearing before the Board of
Directors at its next regularly scheduled meeting, if a written appeal
is received at least 14 days prior to that meeting. If the appeal
is received within 14 days of the next regularly scheduled meeting,
the appeal shall be heard at the next following regularly scheduled
meeting. The Board of Directors shall thereafter affirm, modify or
reverse the aforesaid decision. The hearing may be postponed for a
good cause shown by the appellant or the Authority. Additional evidence
may be introduced at the hearing, provided that it is submitted with
the written notice of appeal.
C.
A decision shall be rendered, in writing, within 30 days of the date
of the hearing.
A.
Any person failing to comply with any provision of this Part 5 shall
be subject to a fine of not less than $500, and costs, and not more
than $5,000, and costs, or in default thereof, shall be confined in
the county jail for a period of not more than 90 days. Each day of
noncompliance shall constitute a separate offense.
B.
The appropriate officers or agents of the Authority are hereby authorized
to file a complaint for any alleged violation of this Part 5 and to
seek any other available relief at law or equity, including injunction,
to enforce compliance with this Part 5.
A.
All ordinances or parts of ordinances inconsistent with the provisions
of this Part 5 are hereby repealed to the extent of such inconsistency.
A.
All community sewage systems are subject to the applicable sections
of this chapter, and owners shall provide to the Township:
B.
Information to be provided to Township.
(1)
No privately owned sewage treatment system shall be installed, constructed
or operated without the owners providing to the Township the following:
(a)
Agreements that assign system users equal liability for expenses
incurred by the Township or its authorized agent if the privately
owned system has been declared in violation of municipal, state or
federal statutes, ordinances or rules and regulations.
(b)
A fee schedule has been established for all system users, of
which an assigned percentage of the users' monthly cost shall be deposited
in a Township escrow account.
(c)
A forfeiture bond escrow or other equity has been provided to
the Township equal to 50% of the cost of the treatment system.
(2)
The above provision shall be retroactive and shall apply to the operation
of existing treatment plants.
C.
The Township or its authorized agent may exercise its right to secure
any escrow fund, forfeiture bond or equity provided by the owner or
owners of the system, provided:
(1)
The Township finds it necessary to protect the general welfare and
public health of its citizens; or
(2)
Is ordered by DEP in accordance with the provisions of the Clean
Streams Law (35 P.S. §§ 691.1 through 691.1001) and
the Pennsylvania Sewage Facilities Act of January 24, 1986, P.L. 1535,
as amended, (35 P.S. § 750.1 et seq.); or
(3)
The owner of the system has been cited or convicted of a violation
of Township, state or federal laws, ordinances or rules and regulations.
D.
Forfeiture bonds, escrow accounts or other equity required by this
chapter shall be used only for the direct or indirect expenses incurred
by the Township or its authorized agent for the maintenance, rehabilitation
or repair of the collection and treatment components of the system
and associated fines, penalties or suits in equity.
E.
Forfeiture bonds, escrow or other equity may be reduced in amounts
equal to that accumulated in the escrow account.
F.
Design and construction. All private and/or publicly owned systems
shall be designed and constructed in accordance with the standards
as set forth by the Township.
G.
Inspection.
(1)
All sewage treatment systems operating and that are recognized in
the Township's Official Plan for sewage disposal as part of a sewage
management program shall be subject to inspection, both during construction
and operation, by the Township or its authorized agent.
(2)
The Township or its authorized agent may inspect as deemed necessary
any component of any sewage system to determine its compliance with
the Township standards and/or its operation.
(3)
The Township or its authorized agent may sample any sewage (treated
or untreated), soils, surface and/or groundwaters in the disposal
and/or treatment areas.
(4)
The owner(s) of a private system shall be provided by the Township
or its authorized agent with a copy of the inspection report.
H.
Maintenance and operations.
(1)
The owner(s) of a private sewage treatment system shall contract
with a certified sewage treatment plant operator for the day-to-day
operation of its system.
(2)
The owner(s) of a private system shall contract with an acceptable
sewage treatment plant contractor for required maintenance.
(3)
The owner(s) of a private system shall provide the Township with
copies of operation and maintenance contracts.
(4)
The owner(s) will supply the Township with copies of all reports
with regard to plant operations and testing in a timely basis.
I.
USX system. The operation of the USX sewer treatment system shall
be in accordance with the provisions of the oversight agreement entered
into by USX and the Township.