Township of Falls, PA On-Lot Subsurface Sewage Disposal Facilities and Privately Owned Community Sewage System Regulations

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.

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.

Wastewater management business approval (pumping/hauling).

[Added 10-16-2018 by Ord. No. 2018-04]

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.

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.

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.

§ 184-88 Permit requirements.

[Amended 10-16-2018 by Ord. No. 2018-04]

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.

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.

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.

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.

Sewage permits may be issued only by the Health Department.

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.

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.

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.

§ 184-89 Inspections.

[Amended 10-16-2018 by Ord. No. 2018-04]

All on-lot sewage disposal system shall be inspected by an Authority-approved pumper/hauler, as set forth previously in this Part 5.

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.

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.

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.

A schedule of routine inspections may be established to assure the proper functioning of the sewage systems in the sewage management district.

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.

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.

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.

§ 184-90 Operation and maintenance.

[Amended 10-16-2018 by Ord. No. 2018-04]

Only normal domestic wastes shall be discharged into any on-lot sewage disposal system. The following shall not be disposed into the system:

Industrial waste.

Automobile oil and other nondomestic oil.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

Initial and periodic pumping shall be performed to these minimum standards unless other standards are specified by an equipment manufacturer:

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.

Tanks shall only be pumped from or through the manhole or access port (i.e., the largest tank opening).

Tanks shall not be pumped from or through the observation port.

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.

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:

Defective tank components (lids, baffles, dividers, etc.).

Before pumping, water level above outlet pipe elevation.

Following or during pumping, backflow from the absorption area.

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.

§ 184-91 System rehabilitation, repair and replacement.

[Amended 10-16-2018 by Ord. No. 2018-04]

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.

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.

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.

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.

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.

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.

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.

§ 184-92 Liens.

[Amended 10-16-2018 by Ord. No. 2018-04]

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.

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.

§ 184-93 Disposal of septage.

[Amended 10-16-2018 by Ord. No. 2018-04]

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.

All septage originating within the Township shall be disposed of at sites or facilities approved by the DEP.

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.

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.

§ 184-94 Appeals.

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.

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.

A decision shall be rendered, in writing, within 30 days of the date of the hearing.

§ 184-95 Violations and penalties.

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.

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.

§ 184-96 Repealer; severability.

All ordinances or parts of ordinances inconsistent with the provisions of this Part 5 are hereby repealed to the extent of such inconsistency.

If any section or clause of this Part 5 shall be adjudged invalid, such adjudication shall not affect the validity of the remaining provisions which shall be deemed severable therefrom.

§ 184-97 Privately owned sewage treatment.

All community sewage systems are subject to the applicable sections of this chapter, and owners shall provide to the Township:

Name and address of owners of privately owned systems.

Name and address of all users of privately owned systems.

Name and address of contractor engaged to operate and maintain privately owned sewage system.

Assessment of liability for expenses for system user.

Information to be provided to Township.

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.

The above provision shall be retroactive and shall apply to the operation of existing treatment plants.

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:

The Township finds it necessary to protect the general welfare and public health of its citizens; or

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

The owner of the system has been cited or convicted of a violation of Township, state or federal laws, ordinances or rules and regulations.

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.

Forfeiture bonds, escrow or other equity may be reduced in amounts equal to that accumulated in the escrow account.

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.

Inspection.

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.

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.

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.

The owner(s) of a private system shall be provided by the Township or its authorized agent with a copy of the inspection report.

Maintenance and operations.

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.

The owner(s) of a private system shall contract with an acceptable sewage treatment plant contractor for required maintenance.

The owner(s) of a private system shall provide the Township with copies of operation and maintenance contracts.