[Ord. 01-01-01, 1/22/2001, Art. I]
The Pennsylvania Sewage Facilities Act (35 P.S. §§ 750.1 — 750.20).
Toilet using chemicals that discharge into a holding tank.
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots or the disposal of the
sewage on one or more lots or at any other site. This term includes
community on-lot sewage systems, including sand mounds.
A system employing the use of demonstrated on-lot sewage
treatment and disposal technology in a manner specifically recognized
by the regulations promulgated under the Act. This term include individual
lot sewage systems, including individual sand mounds.
Department of Environmental Protection of the Commonwealth
of Pennsylvania.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. Holding tanks include, but are not
limited to, the following:
An individual sewage system permitted under § 7
of the Sewage Facilities Act, which serves a single dwelling and which
treats and disposes of sewage using a system of piping, treatment
tanks and soil renovation through spray irrigation.
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.
A part of a subdivision or a parcel of land used as a building
site or intended to be used for building purposes, whether immediate
or future.
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,
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 the penalty or imposing a fine or imprisonment,
the term person shall include the members of an association, partnership
or firm and the officers of any local agency or municipal, public
or private corporation for profit or not for profit.
Holding tank designed to receive sewage where water under
pressure is not available.
Sewer system and the treatment facility owned, operated or
maintained by a municipality or municipal authority approved by the
Department under a permit issued pursuant to the Clean Streams Law,
35 P.S. § 691.1, et seq., as hereafter amended, supplemented,
modified or reenacted by the General Assembly of Pennsylvania.
Holding tank to which sewage is conveyed by a water carrying
system.
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 to the use of
water for domestic supply or for recreation or which constitutes pollution
under the Act of June 22, 1937, (P.L. 1987, 394), known as the "Clean
Streams Law," as amended.
An individual or community sewage system designed to adequately
treat sewage flows not greater than 2,000 gallons per day for final
disposal using a stream discharge or discharge to the surface of the
ground.
The Township of New Britain, Bucks County, Pennsylvania.
[Ord. 01-01-01, 1/22/2001, Art. II]
This Part shall be construed as implementing for the Township
of New Britain the provisions of the Pennsylvania Sewage Facilities
Act, P.L. 1535, January 24, 1966, 35 P.S. § 750.1 et seq.,
as hereafter amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania.
[Ord. 01-01-01, 1/22/2001, Art. III]
Where public sewer services are not available to a property
owner, the building sewer shall be connected to an individual sewage
system complying with the provisions of this Part and the Act.
[Ord. 01-01-01, 1/22/2001, Art. IV]
The type, capacities, location and layout of a community sewage
system or an individual sewage system and building sewer shall comply
with all rules, regulations and ordinances of New Britain Township,
the Bucks County Department of Health, the Pennsylvania Department
of Environmental Protection and all applicable statutes of the Commonwealth
of Pennsylvania.
[Ord. 01-01-01, 1/22/2001, Art. V]
1.
Holding Tank Regulations. If the Bucks County Department of Health
or the Pennsylvania Department of Environmental Protection determines
that the use of a holding tank is necessary to abate a nuisance or
public health hazard, or for use by an institutional, recreational
or commercial establishment with a sewage flow of 400 gallons per
day or less, or for temporary installation when an Act 537 provision
provides for a replacement of the temporary holding tank by adequate
sewage services in accordance with the schedule approved by the Pennsylvania
Department of Environmental Protection, such holding tanks shall be
subject to the following additional regulations:
A.
The collection and transportation of all sewage from any use utilizing
a holding tank shall be performed under the direction and control
of the Bucks County Department of Health. The disposal site thereof
shall be made only at such site or sites as may be approved by the
Pennsylvania Department of Environmental Protection.
B.
All holding tanks shall be permitted by the Bucks County Department
of Health and/or the Pennsylvania Department of Environmental Protection.
Copies of all Bucks County Department of Health and/or Pennsylvania
Department of Environmental Protection permits and plans shall be
filed with the Township by the permit holder.
C.
All property owners or permit holders shall be approved by the Township
through an agreement to hold the Township harmless in the event of
a claim against the Township arising from the operation of the holding
tank and shall furthermore pay a non-refundable fee to the Township
for costs of administration of its sewage maintenance program and
for future compliance monitoring and/or enforcement of this Part.
2.
Public Sewer Connections. From time to time in the future, as public
sewage services become available for a property utilizing an IRSIS,
each and every owner of such property shall be required to make the
necessary connection to the abutting or adjoining sewer lines. The
IRSIS must be disconnected and disposed of in accordance with applicable
Pennsylvania Department of Environmental Protection and Bucks County
Department of Health rules and regulations.
[Ord. 01-01-01, 1/22/2001, Art. VI]
1.
The owner of a property that utilizes an individual spray irrigation
system shall:
A.
Construct and maintain the system in conformance with this and any
ordinance of the Township, the Act and the rules and regulations of
the Bucks County Department of Health and the Pennsylvania Department
of Environmental Protection and all applicable statutes of the Commonwealth
of Pennsylvania.
B.
Execute an agreement with the Township to hold the Township harmless
in the event of a claim against the Township arising from the operation
and maintenance of the system and furthermore pay a non-refundable
fee to the Township for its cost of administration, future compliance
monitoring and enforcement of this Part.
2.
Public Sewer Connections. From time to time in the future, as public
sewage services become available for a property utilizing an IRSIS,
each and every owner of such property shall be required to make the
necessary connection to the abutting or adjoining sewer lines. The
IRSIS must be disconnected and disposed of in accordance with applicable
Pennsylvania Department of Environmental Protection and Bucks County
Department of Health rules and regulations.
[Ord. 01-01-01, 1/22/2001, Art. VII]
1.
The owner of a property that utilizes an individual small flow treatment
system shall:
A.
Construct and maintain the system in conformance with this and any
ordinance of the Township, the Act and rules and regulations of the
Bucks County Department of Health and the Pennsylvania Department
of Environmental Protection and all applicable statutes of the Commonwealth
of Pennsylvania.
B.
Execute an agreement with the Township to hold the Township harmless
in the event of a claim against the Township arising from the operation
and maintenance of the system and furthermore pay a non-refundable
fee to the Township for its cost of administration, future compliance
monitoring and enforcement of this Part.
2.
Public Sewer Connections. From time to time in the future, as public
sewage services become available for a property utilizing a small
flow treatment facility, each and every owner of such property shall
be required to make the necessary connection to the abutting or adjoining
sewer lines. The small flow treatment facility must be disconnected
and disposed of in accordance with applicable Pennsylvania Department
of Environmental Protection and Bucks County Department of Health
rules and regulations.
[Ord. 01-01-01, 1/22/2001, Art. VIII]
Permit approval from the Bucks County Board of Health and the
Department shall be required for the installation of an individual
conventional sewage system and building sewer prior to the construction
of any buildings for which such system or systems will be installed
and prior to the alteration, replacement, repair or extension of any
such existing sewage system.
[Ord. 01-01-01, 1/22/2001, Art. IX]
1.
All owners of property or persons who propose utilizing a holding
tank, individual spray irrigation system, small flow treatment facility
or community sewage system shall execute a sewage facilities maintenance
agreement with the Township. The agreement shall provide for a non-refundable
fee to the Township for administration and future compliance monitoring
and shall furthermore provide for sufficient financial security to
guarantee the proper operation and maintenance of the proposed facility
in accordance with the Act, which may include cash, a letter of credit
or other Township approved financial security.
2.
All owners of property or persons proposing a holding tank, IRSIS,
small flow treatment facility or community sewage system shall pay
a non-refundable fee to be set by separate resolution of the Board
of Supervisors and shall furthermore pay for all Township costs related
to the required sewage maintenance agreement.
[Ord. 01-01-01, 1/22/2001, Art. X]
The Board of Supervisors is hereby authorized to make and promulgate
any additional rules and regulations for the review, regulation, approval,
administration and enforcement of sewage systems within New Britain
Township not in conflict with this Part and violations of the same
shall be subject to the same penalties as provided in this Part.
[Ord. 01-01-01, 1/22/2001, Art. XI; as amended by Ord. 2007-02-01,
2/12/2007]
1.
In the event that any person or property owner fails to construct,
operate or maintain an individual or community sewage system in accordance
with this Part, the Act or the rules and regulations of the Bucks
County Department of Health or the Pennsylvania Department of Environmental
Protection, the Township may revoke any certificate of occupancy issued
for the use or uses being served by the individual or community sewage
system.
2.
Any person or property owner who shall violate any provision of this
Part, shall upon conviction thereof in an action brought before a
Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
3.
In addition to or in lieu of enforcement by action before a Magisterial
District Judge, the Township may enforce this Part in equity or it
may find the person or property owner in violation of this Part and
in default of any financial security provisions provided for in the
Township's Sewage Maintenance Agreement.
