[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Makefield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-6-2019 by Ord. No. 417]
The purpose of this article is to establish uniform requirements
for oil and grease interceptor/trap systems and their maintenance
to prevent the discharge of certain oils, grease, fats, grit and similar
substances into the public sewer system and to establish permits and
penalties for violations of this article.
As used in this article, the following terms shall have the
meanings indicated:
An employee, consultant, or authorized representative who
is delegated to function as an agent of the Lower Makefield Township
Board of Supervisors to conduct inspections of grease interceptors
and/or traps within Lower Makefield Township.
Organic polar compounds derived from animal and/or plant
sources that contain multiple carbon chain triglyceride molecules.
These substances are detectable and measurable using analytical test
procedures established in 40 CFR 136, as may be amended from time
to time. All are sometimes referred to herein as "grease" or "greases."
A plumbing appurtenance or appliance that is installed in a
sanitary drainage system to intercept nonpetroleum fats, oils, and
greases (FOG) from a wastewater discharge and is identified by volume,
thirty-minute retention time, baffle(s), a minimum of two compartments,
a minimum total volume of 1,000 gallons, and gravity separation. These
interceptors are designed by a registered professional engineer who
must provide sizing calculations in accordance with the EPA method.
Gravity grease interceptors shall be installed outside unless the
applicant receives written approval otherwise.
Existing facilities that are in operation prior to the adoption
of this article shall not have to comply with the design standards
of this article so long as the existing FOG removal equipment was
in compliance with the applicable building and plumbing code at the
time of installation.
Any individual, partnership, corporation, limited-liability
company, or any other legal entity.
The standards as described in the current wastewater discharge
standards of the receiving wastewater treatment plant and Lower Makefield
Township. The maximum allowable concentration FOG shall not exceed
100 mg/l.
A.
This article shall apply to both new and existing facilities generating
fats, oils, or greases as a result of food manufacturing, processing,
preparation, or food service, and all such facilities shall install,
use, and maintain appropriate grease interceptors as required by this
article. Existing facilities that are in operation prior to the adoption
of this article shall not have to comply with the design standards
of this article so long as the existing FOG removal equipment was
in compliance with the applicable building and plumbing code at the
time of installation. All existing facilities are required to comply
with all other requirements of this article.
B.
Wastewater that contains FOG shall be discharged into the sewer system
only under the conditions of this article. The following facilities
shall discharge all wastewater from sinks, dishwashers, drains, and
any other fixtures through which grease may be discharged, into an
adequately sized, properly maintained and functioning grease interceptor
before the discharge enters the sanitary sewer system.
(1)
Every commercial food establishment such as restaurants, food courts,
banquet facilities, etc.
(2)
Every facility that prepares or serves food such as day cares, schools,
mini markets, etc.
(3)
All commercial, retail and industrial facilities that have the potential
to discharge FOGs.
(4)
Manufacturing processes that utilize or generate FOGs including cleaning
of material.
(5)
All vehicle repair facilities.
(6)
All areas of intensified dwelling, including, but not limited to,
adult day-care facilities, assisted-living facilities, convalescent
homes, day nursing and child-care facilities in which food preparation
occurs, homes for the mentally challenged, hotels, maternity homes,
motels in which there is a commercial food preparation service, nursing
homes, retirement and life care communities and homes, and truck stops
with commercial food service, shall be required to have grease interceptors.
(7)
All other generators discharging grease in amounts that, in the opinion
of an authorized agent, will, alone or in concert with other substances
from the discharges of other facilities, have a reasonable chance
to impede or stop the flow of the sewer system.
C.
Grease interceptors shall not be required for single-family residences,
duplexes, triplexes, quadplexes, or apartment complexes, unless an
authorized agent first determines there are discharges from the property
that may create problems in the sewer system. The determination shall
be made based upon an investigation of the property and a comparison
of the content and amount of discharge from the property with the
discharges of other properties similar in size and use. Upon a determination
that the discharges will create problems in the sewer system, the
authorized agent may require the installation of a sufficiently sized
grease interceptor to treat the discharges.
D.
No user may intentionally or unintentionally allow the direct or
indirect discharge of any fats, oils, or greases of animal or vegetable
origin into the public sewer system in such amounts as to cause interference
with the collection and treatment system, or as to cause pollutants
to pass through the treatment works into the environment.
A.
It shall be unlawful for any existing facility or new facility required
to have a grease interceptor to discharge wastewater without authorization
in the form of an FOG permit. Application for an FOG permit shall
be made to Lower Makefield Township. If, after examining the information
contained in the FOG permit application, it is determined by an authorized
agent that the proposed discharge does not conflict with the provisions
of this article, or any other federal, state, or local requirement
or regulation, an FOG permit shall be issued.
B.
An FOG permit shall be issued for a time not longer than two years
and must be renewed 60 days prior to expiration of the permit or upon
a change in use, tenant or owner of the facility. The terms and conditions
of the FOG permit may be subject to modification by Lower Makefield
Township at any time during the term of the FOG permit as limitations
or requirements as identified in this section are modified or other
just causes exist. Any changes or new conditions in the FOG permit
shall include a reasonable time schedule for compliance.
(1)
As a condition precedent to the granting of an FOG permit, the permittee
agrees to fully indemnify and hold harmless Lower Makefield Township
or any of its authorized agents from any liabilities, obligations,
debts or claims which may arise or arising from the permittee's
operations under the FOG permit.
(2)
The permittee shall apply to become permitted by fully completing
and signing Lower Makefield Township's FOG permit application
and paying the permit fee in an amount as established by resolution
of the Lower Makefield Township Board of Supervisors. Such fee shall
be payable to Lower Makefield Township and until all applicable fees,
charges and expenses have been paid in full, the application shall
be considered incomplete and no action shall be taken on any applications
or appeal.
(3)
The FOG permit application shall include the following:
(a)
The permittee or user's name, address and telephone number,
and the name, address, and telephone number of the existing facility
to be serviced, if different.
(b)
The name, title, address and phone number of each of the authorized
signatory representatives.
(c)
The name of the contact person for the existing facility.
(d)
Name(s) on the water supply account(s), the water service account
number(s), and a copy of the last water bill.
(e)
A description of any anticipated changes or expansions to the
existing facility during the next three years that could alter wastewater
volumes or characteristics.
(f)
The size of each existing grease interceptor, how often they
are currently serviced and if any additives are used.
(g)
The current shift information.
(h)
A list of all major equipment used for food preparation.
(i)
The precise and unambiguous location of the grease interceptor(s)
on the property, including a diagram if necessary.
(j)
A signature and date by an authorized signatory representative.
(4)
A copy of the FOG permit application can be obtained by contacting
the Lower Makefield Township office at (610)277-4103, Monday through
Friday, between the hours of 8:30 a.m. and 4:30 p.m.
Fees for application, operation, enforcement, administration,
and reimbursement of costs incurred pursuant to this article by an
authorized agent shall be adopted by resolution by the Lower Makefield
Township Board of Supervisors from time to time, including any fees
or penalties for violations of this article and its regulations.
A.
Lower Makefield Township, with the approval of the Lower Makefield
Township Board of Supervisors, may establish permit fees under this
article.
B.
The fees for such permits shall be for a permit issued for a period
of one year. If a permit is issued for a period of two years, the
permittee shall be responsible to pay a fee for the two-year period.
Lower Makefield Township may prorate the amounts for permits with
shorter durations. All permits will expire at 12:00 midnight on the
date specified on the permit as determined by Lower Makefield Township.
A person may apply for an exemption from the requirements of
this article if the facility can demonstrate that they do not produce
FOG(s) in excess of the maximum allowable concentration and no food
preparation is part of their daily activities. The person must submit
a written request describing their operation and the reasons why the
facility should be granted an exemption to Lower Makefield Township
in order to be considered for an exemption. In order for an exemption
to be considered, the applicant must provide the following:
A.
Certified laboratory results of a sample of their wastewater demonstrating
that their discharge concentrations are below the allowable level.
The sample must be taken in the presence of an authorized agent of
Lower Makefield Township.
B.
The facility must be inspected by an authorized agent of Lower Makefield
Township to confirm that food preparation or other sources of FOG
are not present at the facility.
C.
If required by Lower Makefield Township, video inspection of an existing
lateral or sewer main to verify that FOG is not present in the pipes.
Subject to the requirements of the Uniform Construction Code,
an oil and grease interceptor must meet the following criteria:
A.
Provide a minimum detention time of 30 minutes which shall be calculated
based upon the maximum flow rate of all fixtures, equipment and sink
compartments. The flow rate shall be calculated by the drainage load
divided by the drainage rate. The drain load calculation shall utilize
75% of the capacity of the fixture, equipment or sink compartment.
The drainage rate shall be one minute. The applicant can also utilize
the EPA Method for calculating the size of the grease trap as an approved
alternative method of sizing the grease interceptor.
B.
The grease interceptor shall be located outside of the building.
C.
The minimum useable volume shall be 1,000 gallons and provide sufficient
detention time to allow the temperature of the wastewater to cool
to the point where all of the FOG is retained by the grease interceptor/trap.
D.
The grease interceptor shall be installed at a minimum distance of
10 feet from sinks and dishwashers to allow for adequate cooling of
wastewater. Water temperature must be less than 140° F. prior
to entering the grease interceptor.
E.
The grease interceptor/trap shall contain two compartments with an
access hatch for each compartment for cleaning and maintenance.
F.
There shall be a sampling manhole located immediately downstream
of the grease interceptor which shall allow for sampling of the effluent
from the grease interceptor prior to the waste stream being combined
with the domestic wastewater from the facility. The use of cleanouts
shall not be permitted without written approval of Lower Makefield
Township. The sampling manhole shall be accessible at all times by
Lower Makefield Township and their authorized representatives.
The following standards shall apply:
A.
Where FOG are a by-product of food preparation and/or cleanup, reasonable
efforts shall be made to separate waste oil and grease into a separate
container for proper disposal. Except as contained in by-products
of food preparation and/or cleanup, waste oil and grease shall not
be discharged to any drains or grease interceptors. Such waste shall
be placed in a container designed to hold such waste and either utilized
by industry or disposed of at suitable disposal sites.
B.
None of the following agents shall be placed directly into a grease
interceptor, or into any drain that leads to the grease interceptor:
(1)
Emulsifiers, de-emulsifiers, surface active agents, enzymes, degreasers,
or any type of product that will liquefy grease interceptor wastes.
(2)
Any substance that may cause excessive foaming in the sewer system.
(3)
Any substance capable of passing the solid or semi-solid contents
of the grease interceptor to the sewer system.
(4)
Illegal discharge items, such as hazardous wastes, including, but
not limited to, acids, strong cleaners, pesticides, herbicides, paint,
solvents, or gasoline.
(5)
Use of grease interceptor treatment products, including bacteria
designed to digest grease, is specifically prohibited without prior
written consent of the Township in accordance with the following:
(a)
Acceptance of such products for use may be considered only where
a valid screening test, showing the product's ability to treat
the wastewater and to produce an influent in compliance with this
article, has been performed in accordance with methods outlined and
approved by the Lower Makefield Township.
(b)
If a product is approved, each generator shall obtain written
permission from Lower Makefield Township to use the product.
C.
The influent to grease interceptors shall not exceed 140° F.
The temperature at the flow control device inspection port shall be
considered equivalent to the temperature of the influent.
D.
Toilets, urinals, and other similar fixtures shall not discharge
through a grease interceptor.
E.
All waste shall only enter the grease interceptor through the inlet
flow control device, then the inlet pipe.
F.
Where food-waste grinders are installed in a nonresidential establishment,
the waste from those units shall discharge directly into the building
drainage system without passing through a grease interceptor.
G.
The concentration of FOG that can be discharged to the sewer system
shall not exceed 100 mg/l.
A.
The owner or person utilizing any property connected to the sanitary
sewer system of Lower Makefield Township shall permit an authorized
agent of Lower Makefield Township:
(1)
To enter upon and have access to all properties and facilities for
the purposes of inspection, sampling, and testing to determine compliance
with the provisions of these regulations; and
(2)
To examine and copy all records required to be maintained by the
property owner and business owner for the purpose of determining compliance
with the provisions of these regulations.
B.
Any oil and grease interceptor/trap system may be inspected by an
authorized agent of Lower Makefield Township at any reasonable time.
Such inspection may require a physical tour of the property, sampling
of the oil and grease interceptor/trap, and dye-testing of the interior
plumbing to determine the path and ultimate destination of the generated
wastewater, and the owner or person utilizing the property shall provide
free unfettered access to the property and facilities to the authorized
agent of Lower Makefield Township for said inspection.
C.
An initial inspection may be conducted by an authorized agent of
Lower Makefield Township to determine the type and functionality of
each oil and grease interceptor/trap.
D.
A schedule of routine inspections by Lower Makefield Township may
be established to assure proper functioning of the oil and grease
interceptor/trap.
E.
An authorized agent of Lower Makefield Township shall inspect systems
known or alleged to be malfunctioning. Should said inspections reveal
the system is malfunctioning, the authorized agent will order action
to be taken to correct the malfunction.
F.
Any person or owner utilizing any property or facility subject to
the requirements of this article shall provide free and unfettered
access to the facility and property to the authorized agent of Lower
Makefield Township for the specific purposes of inspections as required
herein.
A.
Every person owning a building or structure containing an oil and
grease interceptor/trap system, as well as any person making use of
the oil and grease interceptor/trap system, shall have the oil and
grease interceptor/trap pumped by a pumper/hauler, qualified and approved
by the Township as a qualified pumper/hauler, within 60 days of the
effective date of this article. Thereafter, all persons required to
pump an interceptor system shall do so at least every quarter. The
owner and/or utilizer of the oil and grease interceptor/trap shall
submit to Lower Makefield Township a manifest from the pumper/hauler
confirming the pumping of the oil and grease interceptor/trap within
10 days after the removal of the accumulated oil and grease.
B.
The required pumping frequency may be increased by Lower Makefield
Township if determined that increased frequency is required to maintain
efficient operating conditions.
C.
Any person owning a property served by an oil and grease interceptor/trap,
as well as any person making use of the oil and grease interceptor/trap
system, must submit, with each required pumping receipt, a written
statement from the pumper/hauler that the baffles in the oil and grease
interceptor/trap have been inspected and found to be in good working
order. Any person whose oil and grease interceptor/trap baffles are
determined to require repair or replacement must first contact Lower
Makefield Township for approval of the necessary repair and to obtain
all required permits.
D.
Any person owning a building served by an oil and grease interceptor/trap,
as well as any person utilizing an oil and grease interceptor/trap
system, must follow the operation and maintenance recommendations
of the equipment manufacturer. In no case may the service or pumping
intervals for the oil and grease interceptor/trap exceed those recommended
by the manufacturer.
E.
No person shall introduce, or cause, permit, or suffer the introduction
of any surfactant, solvent or emulsifier into a grease interceptor.
Surfactants, solvents, and emulsifiers are materials which allow the
grease to pass from the grease interceptor into the collection system,
and include but are not limited to enzymes, soap, diesel, kerosene,
terpene, and other solvents.
A.
Grease interceptors shall be cleaned as often as necessary to ensure
that sediment and floating materials do not accumulate to impair the
efficiency of the grease interceptor; to ensure the discharge is in
compliance with local discharge limits; and to ensure no visible grease
is observed in discharge.
B.
Grease interceptors shall be completely evacuated a minimum of every
90 days, or more frequently when:
(1)
Twenty-five percent or more of the wetted height of the grease trap
or grease interceptor, as measured from the bottom of the device to
the invert of the outlet pipe, contains floating materials, sediment,
oils or greases; or
(2)
The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant
levels established by Lower Makefield Township; or
(3)
If there is a history of noncompliance.
(a)
Any person who owns or operates a grease interceptor may submit
to Lower Makefield Township a request, in writing, for an exception
to the ninety-day cleaning frequency of their grease interceptor.
The Township may grant an extension for required cleaning frequency
on a case-by-case basis when:
[1]
The grease interceptor owner/operator has demonstrated the specific
interceptor will produce an effluent, based on defensible analytical
results, in consistent compliance with established local discharge
limits such as BOD, TSS, FOG, or other parameters as determined by
Lower Makefield Township; or
[2]
Less than 25% of the wetted height of the grease interceptor,
as measured from the bottom of the device to the invert of the outlet
pipe, contains floating materials, sediment, oils or greases.
(b)
In any event, a grease interceptor shall be fully evacuated,
cleaned, and inspected at least once every 180 days.
A.
Each pump-out of a grease interceptor must be accompanied by a manifest
to be used for record-keeping purposes. In addition, facilities which
generate, collect and transport grease waste shall maintain a record
of each individual collection and deposit. Such records shall be in
the form of a manifest, which shall meet the following requirements:
(1)
Name, address, telephone, and commission registration number of transporter.
(2)
Name, signature, address, and phone number of the person who generated
the waste and the date collected.
(3)
Type and amount(s) of waste collected or transported.
(4)
Name and signature(s) of responsible person(s) collecting, transporting,
and depositing the waste.
(5)
Date and place where the waste was deposited.
(6)
Identification (permit or site registration number, location, and
operator) of the facility where the waste was deposited.
(7)
Name and signature of facility on-site representative acknowledging
receipt of the waste and the amount of waste received.
(8)
The volume of the grease waste received.
(9)
A consecutive numerical tracking number to assist transporters, waste
generators, and regulating authorities in tracking the volume of grease
transported.
B.
Manifests shall be divided into five parts and records shall be maintained
as follows:
(1)
One part of the manifest shall have the generator and transporter
information completed and shall be given to the generator at the time
of waste pickup.
(2)
The remaining four parts of the manifest shall have all required
information completely filled out and signed by the appropriate party
before distribution of the manifest.
(3)
One part of the manifest shall go to the receiving facility.
(4)
One part shall go to the transporter, who shall retain a copy of
all manifests showing the collection and disposition of waste.
(5)
One copy of the manifest shall be returned by the transporter to
the person who generated the wastes within 10 days after the waste
is received at the disposal or processing facility.
(6)
One part of the manifest shall go to the Lower Makefield Township
within 10 days.
(7)
Copies of manifests returned to the waste generator shall be retained
for five years and be readily available for review by the Lower Makefield
Township.
A.
A written notice of violation may be issued to any person who is
the owner of any property which is found to be served by a malfunctioning
oil and grease interceptor/trap system, and/or to any person utilizing
said oil and grease interceptor/trap system, or who is discharging
oil and grease without a permit.
B.
Within seven days of notification by Lower Makefield Township that
a malfunction has been identified, the property owner, and/or the
person utilizing the oil and grease interceptor/trap system, must
make application to Lower Makefield Township for approval to repair
or replace the malfunctioning system. Within 30 days of initial notification
by Lower Makefield Township, construction of the permitted repair
or replacement must commence. Within 60 days of the original notification
by Lower Makefield Township, the construction must be completed, unless
conditions mandate a longer period, in which case Lower Makefield
Township may set an extended completion date.
C.
In the event the modifications do not result in the elimination of
the malfunction of the existing oil and grease interceptor/trap system,
the person owning and/or making use of the interceptor system shall
bear responsibility for the continued malfunction of the system. The
owner and/or utilizer of said system shall be required to take such
action as necessary to eliminate the malfunction.
Lower Makefield Township, upon forty-eight-hours' advance
notice to the owner or person of a facility or property that falls
under the requirements of this article that an imminent public health
or safety hazard exists due to failure of a property owner and/or
utilizer to maintain, repair or replace an oil and grease interceptor/trap
system, shall have the authority to contract to have the work performed.
The owner of record of the property will be charged for the work performed.
Upon receipt of notice of the costs and charges for work performed
by Lower Makefield Township under this article, the property owner
and/or utilized shall tender full payment to the Township within 15
business days. If said payment is not tendered to the Township within
15 days of notice of the costs and charges, the Township, without
any further notice to the owner and/or utilizer, may file a lien against
the property in order to collect said costs and charges.
A.
All grease originating within a sewer system intended to flow to
the public sewer system shall be disposed of in accordance with the
requirements of the Solid Waste Management Act (Act 97 of 1980, 35
P.S. § 6018.101 et seq.) and all other applicable laws,
and shall be disposed of at sites or facilities approved by the Pennsylvania
DEP.
B.
Oil and grease pumpers/haulers operating within Lower Makefield Township's
collection system 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 through 6018.1003) and all other applicable
laws.
A.
It is unlawful for any generator to discharge into the sewer system
in any manner that is in violation of this article, or of any condition
set forth in this article. Additionally, a person commits an offense
if the person causes or permits the plugging or blocking of, or otherwise
interferes with or permits the interference of, a grease interceptor
or the sewer system, including alteration or removal of any flow constricting
devices so as to cause flow to rise above the design capacity of the
grease interceptor. No person and/or existing facility shall discharge
grease in excess of 100 mg/l to the sewer system. If such discharge
occurs, the person or existing facility shall be considered in violation
of this article and subject to the remedies described herein. Such
remedies include but are not limited to nonpermitted existing facilities.
The authorized agent is hereby empowered to enter and inspect any
premises upon which he/she has reasonable grounds to believe a violation
exists. If violation of any of the provisions of this article exists,
the authorized agent shall issue written notice to be served by registered
or certified mail upon the owner of such premises or, if the owner's
whereabouts or identity be unknown, by posting the notice conspicuously
upon the offending premises. Such notice shall specify the condition
of the violation and shall require the owner to commence to remove
or otherwise rectify the offending condition within five days of notification
and thereafter to fully comply with the requirements of the notice
within 20 days. Failure to comply and remediate the violation as noted
shall result in the remediation and/or repairs being completed by
Lower Makefield Township, subject to collection of all costs, fees
and other related charges as set forth hereinabove, including payment
of such fines and/or penalties as set forth and adopted by the Township,
approved by the Lower Makefield Township Supervisors.
B.
Lower Makefield Township may immediately request to suspend water
service when such suspension is necessary, in the opinion of Lower
Makefield Township, in order to stop an actual or threatened discharge
which:
(1)
Presents or may present an imminent or substantial endangerment to
the health or welfare of persons or the environment.
(2)
Causes stoppages or excessive maintenance to be performed to prevent
stoppages in the sewer system.
(3)
Causes interference to the sewer system.
(4)
Causes the receiving WWTP to violate any condition of its NPDES permit.
C.
Any person notified of a suspension of the water service shall immediately
stop or eliminate the discharge. In the event of a failure of the
person to comply voluntarily with the suspension order, Lower Makefield
Township shall take such steps as deemed necessary, including immediate
termination of water service, to prevent or minimize damage to the
sewer system or sewer connection or endangerment to any individuals.
Lower Makefield Township shall reinstate the water service when such
conditions causing the suspension have passed or been eliminated.
A detailed written statement submitted by the generator describing
the cause(s) of the harmful discharge and the measure(s) taken to
prevent any future occurrence shall be submitted to Lower Makefield
Township within 15 days of the date of occurrence.
D.
In addition to prohibiting certain conduct by persons, it is the
intent of this article to hold a corporation, association, limited-liability
corporation, limited-liability partnership or private owner legally
responsible for prohibited conduct performed by an agent acting on
behalf of a corporation or association and within the scope of his
office or employment.
E.
Enforcement shall be as set forth in Section 1-9 of the Lower Makefield Township Code, as amended from time to time, including the filing of any nontraffic violation citation with the local courts and the Township seeking payment of such fines and/or penalties as more fully set forth and adopted by the Township Supervisors.
F.
An owner, permittee and/or utilizer shall be liable to Lower Makefield
Township for any and all expense, loss, or damage occasioned or incurred
by Lower Makefield Township as a result of appropriate cleanup and
proper disposal of said wastewater materials resultant from the improper
and/or unpermitted discharge of materials as governed by this article.
Additionally, an administrative fee equal to 1/2 of assessed cleanup
costs shall be levied by Lower Makefield Township against the guilty
party.
G.
The performance by Lower Makefield Township of its obligations as
set forth in this article shall create no liability of any nature
upon Lower Makefield Township, its officials, employees or authorized
agents.
H.
All reports, inspections, appraisals, certification or records required
or produced by Lower Makefield Township, or its authorized agents,
as required by this article, shall be for the use and benefit of Lower
Makefield Township only and shall not be accepted, utilized or relied
upon by any other person or party by way of certification or otherwise.
A.
Any property owner aggrieved by the decision of a Lower Makefield
Township employee or other authorized agent of Lower Makefield Township
pursuant to this article may appeal said decision by sending the appropriate
completed appeal form to the Lower Makefield Township Manager, which
appeal shall be filed within 30 days from the date of the decision
at issue.
B.
The property owner and/or person filing said appeal shall be entitled
to a hearing before the Lower Makefield Township Board of Supervisors,
or its designee, within 30 days of receipt of the appeal.
C.
Either party, by good cause shown, may extend the time for a hearing,
but said decision shall be left to the discretion of the Lower Makefield
Township Board of Supervisors or its designee. A hearing shall be
conducted in accordance with the provisions of the Pennsylvania Local
Agency Act.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
D.
A decision shall be rendered, in writing, within 45 days of the conclusion
of the hearing and all proceedings related thereto. If the Lower Makefield
Township Board of Supervisors or its designee shall fail to render
a decision within 45 days following the conclusion of all proceedings
related to the hearing, then the relief sought by the property owner
and/or person filing the appeal shall be deemed granted. Any property
owner and/or person aggrieved by a decision of the Lower Makefield
Township Board of Supervisors or its designee may, within 30 days
after such decision of the Board, file an appeal to the Court of Common
Pleas of Bucks County.
[Adopted 12-4-2019 by Ord. No. 421]
The above recitals shall form a part of this article as though
the same were set forth herein at length.[1]
[1]
Editor's Note: The recitals to this article can be found
in the text of Ord. No. 421, on file in the Township offices.
A.
APARTMENT COMPLEX
BOARD OF SUPERVISORS
CERTIFICATION
COMMON LATERAL
COMPLIANCE
EMPLOYEES
FALLS TOWNSHIP SERVICE AREA
I/I
NONRESIDENTIAL UNITS
NOTICE
POSS
PRIVATE SANITARY SEWER LATERAL
SUMP PUMP
SYSTEM
TOWNSHIP
TRANSFER
(1)
(2)
(3)
(4)
(5)
USER
Unless the context specifically indicates otherwise, the meaning
of the terms used in this article shall be as follows:
A building or group of buildings that contain four or more
units or suites of rooms that form a residence, and which are rented
for independent residential use of each unit.
The Board of Supervisors of Lower Makefield Township.
As described herein, shall reference the document issued
by the Township certifying the subject inspected lateral as having
met the necessary standards for issuance of an accompanying private
sanitary sewer lateral inspection permit.
The sanitary sewer lateral where more than one private sanitary
sewer lateral is connected to form a common or manifold of multiple
laterals. This portion of the lateral is generally owned, maintained
and the responsibility of an association such as a homeowner's
association or another entity. The common lateral is generally identified
on Exhibit B.[1]
Compliance with the provisions of this article as set forth
herein, and any amendments thereto; the Township Code of the Lower
Makefield Township, including, but not limited to, Chapter 322, Sewers;
all rules, regulations, and resolutions of any applicable municipal
authority and the Pennsylvania Department of Environmental Protection;
sound engineering practice; and the standard specifications governing
connection to and use of sanitary sewer collection systems.
Such employees, agents, and designated representatives or
officials of the Lower Makefield Township as the Township shall, from
time to time, designate and utilize in the making of the inspection
and/or tests hereafter described in carrying out the duties as prescribed
herein to be performed on behalf of the Township.
The portion of Lower Makefield Township identified on the
plan shown in Exhibit A[2] as the Falls Township Service Area. The sanitary sewer
mains and manholes in this area are owned and maintained by the Township
of Falls Authority. The private sanitary sewer laterals which are
owned and the responsibility of the property owners extend from the
building to the connection point to the sanitary sewer main.
Inflow and infiltration of groundwater and surface water
into the sanitary sewer mains, manholes and laterals that either connect
to or are a component of the public sanitary sewer system.
Any unit or property in Lower Makefield Township which is
not used for residential purposes as defined by the Lower Makefield
Township Zoning Code. Nonresidential units shall include, but are
not limited to, any and all commercial, industrial and institutional
buildings that are connected to the public sanitary sewer system.
Advisements of inspections and tests of the system to be
performed by the Township.
The publicly owned sanitary system located in Lower Makefield
Township. This includes all of the sanitary sewer mains, manholes,
laterals (from sanitary sewer main to right-of-way of a road or edge
of a sanitary sewer easement), pump stations and related sanitary
sewer facilities.
The sewer pipe extending from a building to the right of
way of a public street or the edge of a sanitary sewer easement in
all areas of Lower Makefield Township except for the Falls Township
service area where the private sanitary sewer lateral extends all
the way from the building to the sanitary sewer main.
Any pump connected to the private sanitary sewer lateral,
or to any pipe connected to the private sanitary sewer lateral that
is being used to pump groundwater or surface water into the sanitary
sewer system.
All facilities for collecting, pumping, and disposing of
sanitary sewage, which are owned by the Township or the Township of
Falls Authority.
The Lower Makefield Township.
The transfer of title to real estate when sale or gift is
intended, but excluding transfers that occur for the following reasons:
Conversion: A change in an entity's form or organization,
place of organization, or name.
Financing transaction: When realty is transferred by the debtor
solely for the purpose of serving as security for the payment of a
debt, or when no sale or debt is intended.
Living trust is established.
Confirmatory or corrective deeds.
Deeds that transfer title of ownership from a single individual
into the names of the marital unit of husband and wife, or from the
marital unit of husband and wife to an individual in accordance with
terms of a divorce decree or other court document.
The owner, lessee, or occupant of the property on which the
buildings and/or appurtenances that are connected to the system are
located.
[1]
Editor's Note: Exhibit B is included as an attachment to this chapter.
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
Throughout this article, references to the singular shall include
the plural, and vice versa, wherever required by the context.
A.
The seller of any residential property located in the Township which
is connected to the system shall be required to retain the services
of a licensed plumber or licensed utility contractor for the purposes
of conducting an inspection of the private sanitary sewer lateral
to ensure compliance with the provisions of this article. Said inspections
shall include, among other things, a video inspection of the private
sanitary sewer lateral from the building to the point where the lateral
connects to the Lower Makefield Township lateral, common lateral or
Township of Falls Authority sanitary sewer main, all of which together
shall constitute the certification of compliance of private sanitary
sewer lateral.
B.
Should the private sanitary sewer lateral be found not in compliance,
the lateral including cleanouts and vent pipes shall be replaced or
repaired by the property owner and brought into compliance before
transfer or sale of the property can be approved by the Township.
The pipe replacement or repair shall be performed by a licensed plumber
or licensed utility contractor.
C.
In the event that any transfer of title occurs without the required
inspection under this article having being conducted and without the
seller obtaining an approved inspection permit from the Township,
the buyer or purchaser of the property shall be responsible for having
the required inspection completed and for the submission of an approvable
inspection form with required inspection video to the Township. Any
claims of damages between the seller and buyer/purchaser of the property
for the lack of compliance with this article shall be solely a private
civil matter between the parties and shall not fall under the Township's
domain, jurisdiction or authority to settle or mediate.
D.
This section shall not apply to the initial transfer of a newly constructed
building involving a new private sanitary sewer lateral connection.
E.
The Township, upon payment of any application and inspection fee and upon the Township's receipt and approval of the certification set forth in Subsection A above, including a copy of the televised video inspection, which shall include the certification specifically certifying that: a) no I/I enters into the private sanitary sewer lateral; b) the private sanitary sewer lateral does not require any repairs, nor contains any illegal connections; and c) that the cleanout vent is undamaged and capped above grade, shall then issue a private sanitary sewer lateral inspection permit to the seller who shall deliver said permit to the buyer or purchaser of the property at the time of the sale or conveyance.
F.
In the event that the property owner fails to repair or replace the private sanitary sewer lateral as required by Subsection B above, the Township shall be authorized as permitted by law to enter the property and repair or replace the private sanitary sewer lateral. If the Township repairs or replaces the private sanitary sewer lateral, the Township shall charge the property owner for the cost and expenses incurred by the Township to repair or replace the private sanitary sewer lateral, and the property owner shall pay the Township within 30 days of the date of the charge/invoice. In the event that the property owner fails to tender payment or fails to enter into satisfactory payment arrangements with the Township, the Township may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[1] and/or pursue other legal remedies for the collection
of same.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
G.
The property owner shall permit the designated employees or agents
of the Township access during reasonable hours of the day to all parts
of the property to make necessary inspections and observations for
the Township to ensure compliance with this article.
A.
Upon 10 days written notice from the Township that the Township intends
to replace or repair a sanitary sewer conveyance line to which the
user's private sanitary sewer lateral is connected or upon the
Township identifying a problem with any private sanitary sewer lateral
during a routine inspection of the sanitary sewer system, all affected
users of the system, after notice by the Township, shall make an appointment
with the Township to allow the user's private sanitary sewer
lateral to be inspected in accordance with the terms and conditions
set forth herein to determine compliance.
B.
Upon completion of an inspection by the Township, if the private
sanitary sewer lateral is found not to be in compliance with the terms
of this article and/or other applicable Township regulations, the
lateral, including all cleanouts and vent pipes, shall be replaced
or repaired and brought into compliance by the property owner within
30 days of the date of the notice of the noncompliance of the system.
The pipe replacement or repair shall be performed by a licensed plumber
or licensed utility contractor.
C.
The purpose of the inspection required by this article is to remove
any I/I from entering into the private sanitary sewer lateral; to
ensure that there are no holes or damage(s) in or to the private sanitary
sewer lateral; to verify that all cleanouts and/or vents are properly
capped above ground and not damaged; and to identify and remove any
roof leaders, yard, driveway drains or sump pumps connections as well
as any other potential sources of I/I in or to the laterals throughout
the Township.
E.
In the event that the property owner fails to repair or replace the private sanitary sewer lateral as required by Subsection B above, the Township shall be authorized as permitted by law to enter the property and replace the private sanitary sewer lateral. If the Township repairs or replaces the private sanitary sewer lateral, the Township shall charge the property owner for the cost and expenses incurred by the Township to repair or replace the private sanitary sewer lateral, and the property owner shall pay the Township within 30 days of the date of the charge/invoice. In the event that the property owner fails to tender payment or fails to enter into satisfactory payment arrangements with the Township, the Township may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[1] and/or pursue other legal remedies for the collection
of same.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
F.
The property owner shall permit the designated employees or agents
of the Township access during reasonable hours of the day to all parts
of the property to make necessary inspections and observations for
the Township to ensure compliance with this article.
A.
Residential housing units, excluding apartments, with common laterals
to multiple residential units are required by this article to perform
the inspection of the common lateral from the point where more than
one private lateral line is connected and forms a common lateral or
manifold to the location of the Township-owned portion of the lateral,
or to the sanitary sewer main in the Falls Township service area.
An example of the common lateral is contained in Exhibit B[1] to this article. Common laterals may be owned and are
the responsibility of a homeowner's association or other type
of association.
[1]
Editor's Note: Exhibit B is included as an attachment to this chapter.
B.
The common laterals are to be inspected and repaired on the schedule that is outlined in Subsection C below. The property owner(s) of each unit will be responsible to inspect, repair if necessary and obtain an approved lateral inspection form which, once approved by the Township, will be the private sanitary sewer lateral permit subject to the same requirements for all other residential units without common laterals in the Township. This section applies only to residential nonapartment units with common laterals that are subject to the schedule. The transfer of any property connected to a common lateral will not be delayed or postponed by the Township due to an issue with the common lateral.
C.
The owners of the common laterals, as defined by this article, must
comply with the following ten-year cycle for the inspection and repairs
of all common lateral lines:
(1)
The common laterals must be visually inspected with a video inspection
performed by a licensed plumber in every year ending in the number
two (i.e., 2022, 2032, 2042).
(2)
The owners of the common laterals shall obtain a cost estimate for
any repairs that are identified either as a result of the inspection
or as noted by the Township, which cost estimate must be obtained
no later than any year ending in the number three (i.e., 2023, 2033,
2043). This schedule for obtaining a cost estimate is intended to
provide the owners of the common lateral sufficient time to secure
funds for the necessary repairs.
(3)
The owners of the common lateral shall perform the required repairs and provide an updated inspection form with a video inspection to the Township documenting that the common lateral has had all repairs completed and that the common lateral complies with all Township requirements, which shall be completed and provided to the Township in every year ending in the number four (i.e., 2024, 2034, 2044). Submissions by any owners of the common lateral to the Township for extension of time to perform repairs based upon claim of hardship by owners of the common lateral, as set forth in Subsection C(4) below, shall be submitted prior to September of any year ending in the number four.
(4)
The owners of the common lateral may request a one-year extension
to perform the required repairs by applying for a hardship to the
Township, which shall be determined as approved solely in the Township's
discretion. The owners of the common lateral shall provide to the
Township the basis for any claimed hardship with documentation of
the hardship to the Township and shall further provide certification
that the required work, regardless of the hardship, will be completed
in the year ending in the number five (i.e., 2025, 2035, 2045).
A.
All nonresidential units and apartment complexes, as defined in this article, shall have laterals inspected and repaired on the schedule that is outlined in Subsection B below. The property owners of each nonresidential unit or apartment complex/units will be responsible to inspect, repair if necessary and obtain an approved lateral inspection form which, once approved by the Township, will be the private sanitary sewer lateral permit.
B.
The property owners of all nonresidential units and apartment complexes
must comply with the following ten-year cycle for the inspection and
repairs of all private sanitary sewer laterals:
(1)
The nonresidential unit or apartment complex/units private sanitary
sewer laterals must be visually inspected with a video inspection
performed by a licensed plumber or licensed utility contractor in
every year ending in the number two (i.e., 2022, 2032, 2042).
(2)
Owners of the nonresidential unit or apartment complex/units private
sanitary sewer laterals shall obtain a cost estimate for any repairs
that are identified either as a result of the inspection or as noted
by the Township, which cost estimate must be obtained no later than
any year ending in the number three (i.e., 2023, 2033, 2043). This
schedule for obtaining a cost estimate is intended to provide the
owners of the nonresidential unit or apartment complex/units with
sufficient time to secure funds for the necessary repairs.
(3)
Owners of the nonresidential unit or apartment complex/units shall perform the required repairs and provide a updated inspection form with a video inspection to the Township documenting that the private sanitary sewer lateral has had all repairs completed and that the private sanitary sewer lateral complies with all Township requirements which shall be completed and provided to the Township in every year ending in the number four (i.e., 2024, 2034, 2044). Submissions by owners of a nonresidential unit or apartment complex to the Township for extension of time to perform repairs based upon owner's claim of hardship, as set forth in Subsection B(4) below, shall be submitted prior to September of any year ending in the number four.
(4)
Owners of the nonresidential unit or apartment complex/units may
request a one-year extension to perform the required repairs by applying
for a hardship to the Township, which shall be determined as approved
solely in the Township's discretion. The nonresidential unit
or apartment complex/units property owner shall provide to the Township
the basis for any claimed hardship with documentation of the hardship
to the Township, and shall further provide certification that the
required work, regardless of the hardship, will be completed in the
year ending in the number five (i.e., 2025, 2035, 2045).
A.
In the event a user refuses to comply with any of the terms or conditions of §§ 164-20 through 164-23 hereinabove, a surcharge of $25 per month for each and every month that said noncompliance exists shall be imposed by the Township to the user, in addition to all other charges authorized and imposed under law. Should a user continue to refuse to comply for a period of 60 days after the final notice of noncompliance, the surcharge shall be increased to $50 per month for each and every month that said noncompliance exists and shall be imposed by the Township to the property owner, in addition to all other charges authorized and imposed under law.
B.
In the event a user claims compliance with the inspection requirements of §§ 164-20 through 164-23 above, but the Township determines that the buildings and/or appurtenances of said user are not in compliance, then and in such event, the Township, by its designated employee, shall provide written notice of the noncompliance to the user, and the user shall be required to achieve compliance within 45 days of the date of the notice.
C.
After notice to the user as required in Subsection B above, and in the event that the building and/or appurtenances of the user are still determined by the Township not to be in compliance following the time period for corrective work set forth in Subsection B above, and the user refuses or fails to bring the buildings and/or appurtenances into compliance, a surcharge of $50 per month as set forth in Subsection A above shall be imposed for each user not in compliance, in addition to all other charges authorized and imposed under any applicable law, which surcharges shall commence with the billing period immediately following the date of the inspection or testing by the Township or the date that such noncompliance was determined.
D.
The surcharge referred to herein shall be satisfied upon the following
conditions:
(1)
The user utilizing the system executes a grant of inspection to the
Township; and
(2)
The Township or its authorized agent inspects and/or performs tests
on the building and/or appurtenances connected to the system and determines
that the buildings and/or appurtenances connected to the system to
be in compliance.
E.
Unless the conditions as listed above are met, surcharges will continue
to be billed to the user until the date when the buildings and/or
appurtenances in question are determined to be in compliance.
F.
In the event that subsequent inspections and/or tests of a property previously in compliance with this article determine that the property no longer complies with this article, the terms and provisions of § 164-24 shall apply, except the user shall also be liable for the payment of a sum equal to the number of the months since the original determination of compliance was made, multiplied by the monthly surcharge amount provided for in Subsection C for knowingly, willfully and/or intentionally creating or permitting such violation to commence and continue. An example of noncompliance reoccurrence is when a reconnection of a sump pump or other prohibited connection is discovered.
In the event a user is determined to be noncompliant of a second or subsequent violation, then the user shall be liable for the payment of a sum equal to $1,000 per day, plus an amount equal to the sum of the months since the original noncompliance was corrected (and if never corrected, from the date of such noncompliance determination), multiplied by the monthly surcharge amount provided for in § 164-24.
Any user violating any of the provisions of this article shall
be liable to the Township for any and all expenses, costs, and fees
including, but not limited to, reasonable attorney's fees, occasioned
or caused to the Township by reason of seeking enforcement of such
article against the violator, as well as for any losses or damages
occasioned or caused to the Township by reason of such violation.
The Township shall have full power and authority to invoke any
legal, equitable, or special remedy for the enforcement of this article.
This article shall be deemed supplemental to all other ordinances
and provisions thereof for enforcement and compliance purposes, and
shall not be deemed to amend or rescind said other ordinances and
provisions; further that any fines, fees, charges, or penalties levied
or imposed pursuant to this article shall be in addition to any fines,
fees, charges, or penalties levied or imposed pursuant to all other
ordinances and provisions thereof.
The provisions of this article shall be deemed severable, and
should any section or part hereof be deemed invalid or unenforceable
by the courts of the Commonwealth of Pennsylvania, such section, clause,
sentence, or provision shall be deemed stricken and the invalid or
unenforceable part shall not affect the validity or enforceability
of any other part or parts of this article which can be given effect
without such part or parts as may be so deemed invalid or unenforceable.
