Township of Nockamixon, PA Sewers

Use of a holding tank as a method for disposal of sewage on any property is hereafter prohibited except in only the following instances:

The holding tank is the only individual on-lot sewage disposal system available to repair a failing existing on-lot sewage disposal system, all conditions of Subsection B below have been met, and no restrictions therein are violated.

The holding tank is only to be utilized temporarily while a conventional sewage system or alternate sewage system is being installed and all conditions of Subsection C below have been met and no restrictions therein are violated.

When the use of a holding tank is for an institutional, recreation or commercial use with a sewage flow of 800 gallons per day or less; provided, however, that:

The applicant for a holding tank for such a use shall first demonstrate that the site does not qualify for any means of on-site sewage disposal which can be established in accordance with the regulations of the Bucks County Department of Health and/or the Pennsylvania Department of Environmental Protection. A holding tank will not be permitted to increase the building area of an institutional, recreation or commercial use where a means of on-site sewage disposal is available to the property.

The applicant shall:

Have installed a sealed water meter in a manner approved by the Township Engineer;

Maintain, on a monthly basis, records as to the amount of water usage; and

[3]

Provide such records to the Township on a quarterly basis.

The Township shall have the right to inspect and read the water meter, upon reasonable notice to the property owner.

A monthly water meter reading record that indicates more than 800 gallons of water usage per day shall constitute prima facie evidence of a violation of this provision.

Utilization of Holding Tanks to Repair Failing Existing On-Lot Sewage System.

A holding tank may be temporarily utilized as an on-lot sewage disposal system to repair a failing existing on-lot sewage disposal system when all the following conditions exist:

An existing on-lot sewage disposal system fails.

The existing on-lot sewage disposal system cannot be repaired.

A replacement on-lot sewage disposal system can not be maintained on the property by any other conventional sewage system or alternate sewage system.

All other requirements as provided for in this chapter have been met.

Restrictions on a holding tank, utilized as a repair on-lot sewage disposal system of failing existing on-lot sewage system, include:

The holding tank's capacity cannot exceed the capacity of the on-lot sewage disposal system which it is to repair and must meet the Act's minimum criteria regarding design capacity of a holding tank. If the existing on-lot sewage disposal system is a system for which the local agency previously granted a permit, the holding tank's design capacity cannot exceed the capacity of the on-lot system as permitted by the local agency. If the sewage system pre-dates local agency permitting, an estimate of the existing system's capacity prepared by a private professional engineer or sewage enforcement officer must be approved in advance by the Township.

The holding tank's capacity shall not increase or expand the actual or estimated capacity (as determined under subsection (a) above) of any existing on-lot sewage disposal system existing.

The holding tank shall not increase the sewage flows generated on or from the subject property.

Temporary Utilization of Holding Tank While Conventional Sewage System or Alternate Sewage System is Installed.

Subject to the other subsections below, a holding tank may be utilized as a temporary on-lot sewage disposal system when all the following conditions exist:

A conventional sewage system or alternate sewage system is to function as the ultimate on-lot sewage disposal system of the property.

The site proposed for the conventional sewage system or alternate sewage system has been approved by the local agency and certification of the same has been filed with the Township.

Sufficient financial security, in the form and amount required by the Township, is deposited with the Township, to guarantee replacement and/or removal of the holding tank with a conventional sewage system or alternate sewage system.

All other requirements as provided for in this Chapter have been met.

A holding tank may be used as a temporary on-lot sewage disposal system when a controlled fill site (as described and recognized in Act 537) is being conducted to test the controlled fill concept only under the following conditions:

Results of professional soil testing conducted by the property owner and witnessed by the local agency, and accepted by the Township and local agency, demonstrate that the site lacks any suitable location for an on-lot conventional sewage system or alternative sewage system.

The on-lot sewage disposal system proposed to be installed on the controlled fill site upon completion of the controlled fill test will be a conventional sewage system or an alternate sewage system.

The Department or local agency has authorized the proposed controlled fill test as a means of potentially meeting the criteria to install a conventional sewage system or an alternate sewage system.

The controlled fill test is not being proposed for a repair situation.

(e)

The person or owner proposing the controlled fill test identifies a replacement system or alternate site suitable to the Department and the local agency.

(f)

Soil scientists of the Department, local agency, Township and the owner agree that the fill placed on site has stabilized and that all other test site requirements have been met, and such certification has been provided to the Township.

(g)

The temporary holding tank installed following approval of the controlled fill test meets all other applicable criteria of this chapter.

(h)

This subsection (2) applies only to institutional, commercial or recreational uses with a sewage flow of less than 800 gallons per day as calculated pursuant to the Act.

Any controlled fill site shall be installed; designed, tested and maintained in accordance with the Act, all applicable regulations of the Department and local agency, and shall meet the following minimum standards:

The location and preparation for any controlled fill site test must be approved in advance of the test by the local agency and Township.

The proposed material for the controlled fill site test shall be approved in advance of the test by the local agency and Township.

The area(s) of the controlled fill site must be at least 150% of the size of the anticipated final conventional sewage system or alternate sewage system.

The upslope surface and groundwater must be diverted away from the controlled fill site area in a manner approved in advance of the test by the local agency and the Township.

Installation of a conventional sewage system or alternate sewage system, excluding a controlled fill test, shall be completed within six months of the date of the local agency permit for the holding tank; and in the case of a controlled fill test, within six months of certification by the local agency that all experiment conditions have been met and that the controlled fill site meets all applicable requirements for installation of a conventional sewage system or alternate sewage system.

Should the local agency deny certification of a controlled fill site for installation of a conventional sewage system or alternate sewage system, a holding tank may be used, subject to all provisions of this Chapter and Act 537, only until such time that the property can be served with a public or community sanitary sewer system or until another conventional sewage system or alternate sewage system is available for the property.

The Township and its duly authorized agents are authorized and empowered to undertake within the Township the control and methods of holding tank sewage disposal and the collection and transportation thereof.

§ 168-4 Adoption of rules and regulations.

The Supervisors are hereby authorized and empowered to adopt such rules and regulations by resolution concerning sewage which they may deem necessary from time to time to effect the purpose herein.

§ 168-5 Rules and regulations to be in conformity with applicable law.

All such rules and regulations adopted by the Township shall be in conformity with the provisions herein, all other ordinances of the Township and all applicable laws and regulations of administrative agencies of the Commonwealth of Pennsylvania.

§ 168-6 Exclusiveness of rights and privileges.

The collection and transportation of all sewage from any holding tank shall be performed under the direction and control of a hauler licensed by the Bucks County Department of Health. The disposal thereof shall be made only at such site or sites as may be approved by the Bucks County Department of Health.

§ 168-7 Procedure for obtaining holding tank permit; term.

Before a holding tank may be installed, the property owner shall:

Obtain a permit for the holding tank from the Bucks County Department of Health.

File a copy of the Bucks County Department of Health Permit, application and sketch plan with the Township.

File with the Township a copy of a written agreement between the property owner, hauler and acceptor covering the periodic emptying of the tank and the proposed schedule for pumping and emptying the holding tank shall be provided.

Submit such additional information as the Township may require in order to complete this review, including, but not limited to, the following:

As to residential dwellings, the number of persons who will occupy the premises.

As to commercial or industrial uses which do not involve the emission of sewage from the commercial or industrial use itself, the total number of persons who will occupy the premises, either as employee or otherwise, the number of working shifts, and the number of persons who will occupy the premises, either as employee or otherwise during each work shift.

Enter into an Escrow, Maintenance and Hauling Agreement with the Township in a form approved by the Township in consultation with the Township Solicitor providing that the holding tank will be properly maintained, that the sewage stored therein will be allied to an approved disposal site and that sufficient funds be deposited in escrow to assure compliance with the terms of the Agreement. The Agreement shall provide that the Township is held harmless in the event of a claim against the Township arising from the operation of the holding tank.

Pay a fee to the Township for the holding tank installation permit in accordance with the Nockamixon Township Fee Schedule.

A permit issued under the terms of this article shall be valid for one year.

§ 168-8 Duties of the owner.

Owner shall:

Maintain the holding tank in conformance with this article or any ordinance of this Township, the provisions of any applicable law and the rules and regulations of the Township and any administrative agency of the Commonwealth of Pennsylvania.

Permit only persons authorized by the Township to collect, transport and dispose of the contents herein.

Be responsible for the periodic cleaning or emptying of the holding tank as well as the cost thereof.

Be responsible for the periodic testing of sewage when deemed necessary by the Township, as well as the cost thereof.

No holding tank shall be permitted to be installed, maintained or used unless it is constructed of a durable material, is watertight and unless it has a capacity of a least 2,500 gallons or the capacity to hold the sewage which could reasonably be expected to flow into it over a period of seven days, whichever capacity is greatest. The amount of sewage which can reasonably be expected to flow within the meaning of this section shall be 100 gallons per day per person who occupies the premises, in the case of a residential dwelling. In the case of a commercial or industrial use of the premises where sewage is not emitted in the industrial or commercial use or operation, said flow shall mean 100 gallons per day per person occupying the premises during the daily work shift in which the most persons occupy the premises, either as employee or otherwise. In the case of a commercial use or operation itself, the flow shall be limited to 400 gallons per day. Thereafter, it shall be determined by the average amount of sewage removed from the holding tank in the previous six-month period.

§ 168-9 Violations and penalties.

Any person who allows to be maintained on premises of the owner a holding tank which violates the provisions of this article or who permits a holding tank to overflow or to fill to a level greater than 7/8 capacity or who makes any material misrepresentation in an application for a holding tank permit or a renewal thereof or who in any other manner violates or permits the violation of the provisions of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.

§ 168-10 Township's obligation.

Any obligation or duty assumed by the Township under this article shall be limited to holding tanks installed and used after the effective date hereof.

§ 168-11 Discontinuance of holding tanks; connection to sanitary sewer.

Where sanitary sewer lines are to be constructed as part of a development plan or as required by final approval documents, the lines shall be installed according to specifications of the Municipal Authority with jurisdiction and capped. Whenever the sanitary sewer becomes available for use, the holding tank must be disconnected and disposed of in accordance with the applicable Pennsylvania Department of Environmental Protection regulations, and proper connection made to the sanitary sewer within 90 days after notice to make connection.

§ 168-12 Abatement of nuisance.

In addition to any other remedies provided in this article, any violation of this article shall constitute a nuisance and may be abated by the Township by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.

§ 168-13 through § 168-100. (Reserved)

Article II Sewage Management

[Adopted 5-16-2013 by Ord. No. 147]

§ 168-101 Short title; introduction; purpose.

This chapter shall be known as the "Nockamixon Township Sewage Management Ordinance."

This chapter is adopted pursuant to the authority set forth in the Second Class Township Code,[1] the Pennsylvania Clean Streams Law (35 P.S. §§ 699.1 - 699.1001),[2] and the Pennsylvania Sewage Facilities Act (Act of January 24, 1966), P.L. 1535, as amended, 35 P.S. § 750.1 et seq., also known as "Act 537." This chapter is also adopted pursuant to the official Sewage Facilities Plan for Nockamixon Township, pursuant to Act 537, adopted by Resolution 08-21-2012.

Editor's Note: See 53 P.S. § 65101 et seq.

ALTERNATE SEWAGE DISPOSAL SYSTEM

Editor's Note: See now 35 P.S. § 691.1 et seq.

This chapter incorporates the approved Sewage Facilities Plan by reference.

This chapter is intended to prevent and abate groundwater and surface water pollution and the hazards to public health caused by the improper treatment and disposal of sanitary sewage. This chapter is further intended to provide for the inventory and inspection of individual and community sanitary sewage disposal systems within the Township, which said inventory and inspections are designed to provide for the adequate maintenance, management, rehabilitation/repair/replacement and construction of sewage disposal systems; to permit the Township to intervene in events which are public nuisances or hazards to the public health; and to establish penalties and appeal procedures necessary for the appropriate administration of the Nockamixon Township Sanitary Sewage Disposal System Program.

All other provisions of the Township's ordinances, as amended, shall remain in full force and effect. All other ordinances or provisions inconsistent herewith or in conflict with any of the terms hereof are, to the extent of said inconsistencies or conflicts, hereby specifically repealed.

§ 168-102 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ACT 537

The Act of January 4, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et. seq., known as the "Pennsylvania Sewage Facilities Act."

A method of demonstrated on-lot sewage treatment and disposal not described in Section 7 of the Pennsylvania Sewage Facilities Act, which may be permitted by the Pennsylvania Department of Environmental Protection pursuant to Chapter 73, Section 73.72 of the Sewage Facilities Act, as amended.[1]

AUTHORIZED AGENT

Any representative of the Township authorized by the Board of Supervisors to carry out the provisions of this chapter.

BCHD or BCDH

Bucks County Health Department.

BOARD

The Board of Supervisors of Nockamixon Township.

CESSPOOL

A covered pit with open-jointed lining which receives sanitary sewage or other organic wastes directly from a building drain or building sanitary sewer. It retains and allows liquid waste to pass through the bottom and sides. This is an antiquated system which predates PADEP standards (Chapter 73, Title 25, Pa. Code).

CODE ENFORCEMENT OFFICER (CEO)

An individual employed by the Township to administer and enforce ordinances in the Township.

COMMUNITY ON-LOT SEWAGE SYSTEM

A system of piping, tanks or other facilities serving two or more lots and collecting, treating, and disposing of sewage into a soil absorption area or retaining tank located on one or more of the lots or at another site.

COMMUNITY SEWAGE SYSTEM

Any system, whether publicly or privately owned, for the collection of sanitary sewage from two or more lots or two or more equivalent dwelling units, and the treatment and/or disposal of the sewage on one or more lots or at any other site.

COMMUNITY SEWERAGE SYSTEM

A publicly or privately owned community sewage system which uses a method of sewage collection, conveyance, treatment, and disposal other than renovation in a soil absorption area, or retention in a retaining tank.

CONVENTIONAL SEWAGE SYSTEM

A system employing the use of demonstrated on-lot sewage treatment and disposal technology in a manner specifically recognized by the regulations promulgated under Act 537. The term includes individual and community on-lot sewage systems, including sand mounds.

DEPARTMENT

Department of Environmental Protection of the Commonwealth of Pennsylvania (PADEP).

EQUIVALENT DWELLING UNIT (EDU)

An amount of sewage equal to the amount usually and typically produced in a single-family dwelling unit, in volume, strength, and character. For the purpose of determining the number of lots in a subdivision only as it relates to the determination of planning exemptions and fees for planning module reviews under this chapter, that part of a multiple-family dwelling or commercial or industrial establishment with flows equal to 400 gpd. These flow figures are not intended to be used for the calculation of flows for the design of community sewage systems or for the allocation of flows related to community sewage systems. Community sewage system flows for design and permitting purposes shall be calculated using the procedures established in the Department's Domestic Wastewater Facilities Manual (DEP-1357).

EVIDENCE OF MALFUNCTION

Wet, murky conditions (not resulting from surface water runoff or ponding) in areas designated as the absorption area of an on-lot sanitary sewage disposal system. These conditions are typically accompanied by high grass and/or increased growth in warm, dry months. In the winter, these areas generally do not freeze and the area is typically spongy and soft. Snow does not normally accumulate in these areas.

There is a discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area or to a surface water of the commonwealth.

There is backup of sewage into the facility served by the system or any component of the system as a result of an overloaded and/or clogged soil absorption system or cesspool.

The static liquid level in the distribution box is above the level of the outlet invert.

The liquid depth in a cesspool is less than six inches from the inlet pipe invert or the remaining available volume within a cesspool above the liquid depth is less than 1/2 of one day's design flow.

EXPERIMENTAL SEWAGE DISPOSAL SYSTEM

The septic tank or cesspool requires pumping more than four times a year.

(7)

Septic tank and/or the tight tank is cracked or is otherwise structurally unsound, indicating that substantial infiltration or exfiltration is occurring or is imminent.

(8)

Indications of previous repairs and/or extensions of the system not permitted by the Bucks County Health Department, and/or evidence of recently placed soil and/or dirt in the vicinity where the absorption area is located.

A method of on-lot sewage treatment and disposal not described in the Sewage Facilities Act, which is proposed for the purpose of testing and observation.

GRAY WATER

Domestically generated liquid wastes, including kitchen and laundry wastes that do not contain sewage.

HEALTH DEPARTMENT

Bucks County Health Department (BCHD).

HOLDING TANK

A watertight receptacle that receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site.

INDIVIDUAL ON-LOT SEWAGE SYSTEM

An individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating, and disposing of sewage into a soil absorption area or spray field or by retention in a retaining tank.

INDIVIDUAL RESIDENTIAL SPRAY IRRIGATION SYSTEM (IRSIS)

An individual sewage system permitted under Section 7 of the Sewage Facilities Act[2] which serves a single dwelling and which treats and disposes of sewage utilizing a system of piping, treatment tanks, and soil application through spray irrigation.

INDIVIDUAL SEWAGE SYSTEM

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 waters of this commonwealth, or by means of conveyance to another site for disposal.

INDIVIDUAL SEWERAGE SYSTEM

An individual sewage system which uses a method of sewage collection, conveyance, treatment, and disposal other than renovation in a soil absorption area, or retention in a retaining tank.

LICENSED SEWAGE HAULER

A sewage hauler licensed by the Bucks County Department of Health.

LOT

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.

MAINTENANCE

Those actions required to provide for the long-term proper functioning of any sanitary sewage disposal system, including, but not limited to, the pumping of septage from a septic tank, cesspool, or dry well and pump tank; cleaning, pumping and/or leveling of a distribution box; removal of trees or growth affecting the operation of an on-lot sanitary sewage disposal system; diversion of surface water away from an on-lot sanitary sewage disposal system; and reduction of flow from the structure being served (e.g., installation of water conservation devices).

MALFUNCTION

The condition which occurs when an on-lot sanitary sewage disposal system discharges untreated or inadequately treated sewage onto the surface of the ground, into groundwater, or into surface waters of the commonwealth. Malfunction also occurs when sanitary sewage backs up into the building connected to the system, or otherwise causes a nuisance or hazard to the public health, pollution of the ground or surface water or contamination of any public and/or private drinking water wells.

MARGINAL CONDITIONS FOR LONG-TERM ON-LOT SEWAGE DISPOSAL

Conditions of a site for use of on-lot sewage disposal facilities, as determined by the Pennsylvania Department of Environmental Protection and/or the Bucks County Department of Health, which may include soil profile examinations which document areas of suitable soil intermixed with areas of unsuitable soils; site evaluation which documents soils generally suitable for elevated sand mounds, with some potential lots with slopes over 12%; site evaluation which documents soils generally suitable for in-ground systems, with some potential lots with slopes in excess of 20%; or lot density of more than one EDU/acre.

MUNICIPAL SEWAGE SYSTEM

A sanitary sewer system and/or the treatment facility owned, operated, or maintained by a municipality or municipal authority approved by the Department under a permit issued 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.

MUNICIPALITY

Nockamixon Township, Bucks County, Pennsylvania.

NEW SYSTEM

The installation of an on-lot sewage disposal system on a property where a system does not currently exist, or the installation of a larger on-lot sewage disposal system in conjunction with the expanded use of an existing structure after the effective date of this chapter. A new system does not include replacement systems installed on properties with existing on-lot sewage disposal systems where rehabilitation/repair efforts are required to correct an existing malfunction.

OFFICIAL SEWAGE FACILITIES ACT 537 PLAN

The plan adopted by the Township and approved by the Pennsylvania Department of Environmental Protection in furtherance of the requirements as set forth in the Pennsylvania Sewage Facilities Act.[3]

ON-LOT SANITARY SEWAGE DISPOSAL SYSTEM (OLDS)

Individual on-lot sewage systems and community on-lot sewage systems.

PADEP

Department of Environmental Protection of the Commonwealth of Pennsylvania.

PERSON

Any individual, company, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, department, board, bureau or agency of the commonwealth, political subdivision, municipality, district, authority, or any other legal entity whatsoever which is recognized by law as having rights and duties. Whenever used in any clause prescribing and imposing a penalty or imposing a fine, 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.

PUMPER'S REPORT

Form used by licensed pumpers/haulers to report pumping of an on-lot sanitary sewage disposal system.

PUMPER/HAULER

Any person, as that term is defined in this chapter, who engages in cleaning community or individual sanitary sewage systems and transports the septage removed from these systems for disposal, and, is licensed by the Bucks County Health Department.

REGISTRATION FORM

Form which shall be made available by the Township for property owners to register their on-lot sanitary sewage disposal system with the Township.

REHABILITATION or REPAIR

Work completed pursuant to a permit issued by BCHD to modify, alter, or repair an existing on-lot sanitary sewage disposal system or individual components thereof, including the enlargement of the total absorption area, provided the flows from the structure being served are unchanged or reduced.

REPLACEMENT AREA

An area of a lot or property reserved for the installation of a replacement sanitary sewage system in the event of the malfunction of the originally installed on-lot sewage disposal system.

REPLACEMENT SYSTEM

An on-lot sanitary sewage disposal system which replaces a previously installed on-lot sanitary sewage disposal system which cannot be repaired or rehabilitated to a condition acceptable to the Bucks County Health Department.

SEPTAGE

The residual scum and sludge pumped from septic systems.

SEWAGE

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 substance being harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply, or for recreation, or which constitutes pollution under the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law," as amended.[4]

SEWAGE ENFORCEMENT OFFICER (SEO)

A person certified by the Pennsylvania Department of Environmental Protection who issues and reviews permit applications and/or conducts such investigations and inspections as are necessary to implement the Sewage Facilities Act (Act 537)[5] and the rules and regulations promulgated thereunder.

SEWAGE FACILITIES

A system of sewage collection, conveyance, treatment, and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of the commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste.

SEWAGE MANAGEMENT PROGRAM

A comprehensive set of legal and administrative requirements encompassing the requirements of this chapter and other administrative requirements adopted by the Township to effectively enforce and administer the chapter and to implement the Sewage Facilities Plan.

SMALL FLOW TREATMENT FACILITY

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.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement, access, or any residential dwelling, shall be exempted.

SUBDIVISION, LOT LINE ADJUSTMENT

A minor subdivision of land resulting in revised property boundaries between two or more existing lots, and not resulting in the creation of any additional lots.

SUBDIVISION, MAJOR

Any subdivision not classified as a minor subdivision or lot line adjustment.

SUBDIVISION, MINOR

Any division or redivision of a lot, tract or parcel of land by any means into not more than two lots.

TOWNSHIP

Nockamixon Township, Bucks County, Pennsylvania.

WATERS OF THE COMMONWEALTH

Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.

ZONING OFFICER

An individual employed by the Township to administer and enforce the Township Zoning Ordinance.[6]

Editor's Note: See now 35 P.S. § 750.7.

Editor's Note: See now 35 P.S. § 750.7.

[3]

Editor's Note: See 35 P.S. § 750.1 et seq.

[4]

Editor's Note: See 35 P.S. § 691.1 et seq.

[5]

Editor's Note: See 35 P.S. § 750.1 et seq.

[6]

Editor's Note: See Ch. 234, Zoning.

All definitions included in Act 537 and the Clean Streams Act, as amended, are hereby incorporated by reference into this chapter.

§ 168-103 Applicability.

The provisions of this chapter shall apply to all existing and proposed individual and community sewage disposal systems within the Township.

All new individual and community sewage systems shall be required to file a registration form with the Township prior to the issuance of a building permit for the use of the structure being served by the on-lot sanitary sewage disposal system.

§ 168-104 Permit requirements.

No person shall install, award a contract for construction or construct an individual or community on-lot sewage system, or install, construct, occupy, or use a building or structure to be served by that system without first obtaining a permit from Bucks County Health Department (BCHD) confirming that the system complies with the provisions of the Pennsylvania Sewage Facilities Act, and any and all regulations adopted pursuant to said Act.

A permit must be obtained from the Bucks County Department of Health for alterations or connections to an existing individual or community on-lot sewage disposal system when the alteration or connection requires the repair, replacement or enlargement of a treatment tank or retention tank, or the repair, replacement, disturbance, modification or enlargement of a soil absorption area or spray field, or the soil within or under the soil absorption area or spray field.

No system or structure designed for individual or community sanitary sewage disposal or for rehabilitation, repair and/or replacement to or of an existing sewage disposal system shall be covered from view until final inspection and approval by BCHD.

Applicants for individual or community sanitary sewage disposal system permits shall notify BCHD of the schedule for construction or rehabilitation, repair and/or replacement of the permitted sewage disposal system so the appropriate inspection(s) may be scheduled and performed by the BCHD.

No building permit shall be issued by the Township for a new building which will utilize individual or community sanitary sewage disposal system, until a valid sanitary sewer permit has been obtained from BCHD, and a registration form is filed with the Township.

No building permit shall be issued by the Township for any building addition, alteration, or change in use which may result in increased sewage flows until approval of use of the existing sewage system has been received from BCHD. The Township must receive notification by BCHD of all permits issued and final inspections performed in Nockamixon Township.

No occupancy permit shall be issued by the Township for any new building until BCHD has informed the Township that the newly constructed sanitary sewage system has been completed, and has had a final inspection.

Individual or community sewage disposal system permits may only be issued by BCHD or PADEP as applicable.

All new structures served by individual or community sewage systems shall install water conservation devices and fixtures, in compliance with the provisions of the Uniform Construction Code.

§ 168-105 Right of entry.

The Township shall provide advance notice, stating purpose, to the property owner of the individual or community sewage disposal system prior to inspection. Authorized persons acting on behalf of the Township shall, upon presentation of proper credentials and identification, be permitted to enter upon the outside of the property that contains an individual or community sanitary sewage disposal system for the purpose of inspecting, observing, photographing, and sampling the sewage disposal system, in accordance with the provisions of this chapter.

§ 168-106 Sewage system maintenance.

All sewage systems shall be pumped out by a licensed sewage hauler selected by the property owner at least once every three years or whenever the treatment tanks are filled with solids in excess of 1/3 of the liquid depth of the tank or with scum in excess of 1/3 of the liquid depth of the tank. The three-year time period shall begin when the system is approved as complete by BCHD. For systems existing on the effective date of this chapter, the three-year time period shall begin on the effective date of this chapter. The property owner shall provide the Township with a receipt documenting the date on which the septic tank was cleaned within 30 days of the occurrence.

Surface contouring (grades) and other measures consistent with Pa. Code Title 25, Chapter 73, shall be maintained to divert stormwater away from treatment facilities and absorption areas and protect absorption areas from physical damage.

Sand filters included within IRSIS, SFTF, or other approved sewage systems shall also be inspected regularly in conformance with the rules and regulations of PADEP Chapter 73, BCHD and the Township as applicable.

Where applicable, pursuant to § 168-119A of this chapter, the sewage system shall be maintained in accordance with provisions of the operation and maintenance agreement executed for the system.

Emergency repair or replacement of system components without prior approval/permit from BCHD shall be limited to pumping of a septic tank, tight tank or cesspool as frequently as necessary to prevent backup or breakout.

All emergency repairs other than pumping shall be in accordance with requirements, and where applicable, permit approval, from BCHD.

Any nonroutine maintenance or repair required to the system must be reported to the Bucks County Department of Health and Township by the property owner for approval/permit.

Records verifying routine pumping of holding tanks must be submitted to the Township.

§ 168-107 Inspections.

All individual and community sanitary sewage disposal systems regulated by this chapter may be inspected by an authorized agent of the Township as established by separate resolution of the Board of Supervisors. The inspection may include the taking of samples from surface water, wells, or other groundwater sources, and/or the sampling of the contents of the sanitary sewage disposal system. A copy of the report of the inspection shall be furnished to the property owner.

In the event inspection is denied by the property owner, the Township shall be authorized to take such steps as are appropriate to secure access to the property for the purpose of determining compliance with the terms and conditions of this chapter. Steps shall include, but not be limited to, the seeking of an administrative search warrant from the appropriate judicial official.

§ 168-108 Operation.

No property owner shall operate and maintain an individual or community sanitary sewage disposal system in such a manner that it malfunctions. No system shall discharge untreated or partially treated sanitary sewage to the surface of the ground or into the waters of the commonwealth, as defined herein.

All property owners with gray-water discharges to the ground surface shall correct such discharges and route the gray water to the sanitary sewer disposal system. All rerouting and connections of gray-water discharge to the sanitary sewage disposal system shall be in accordance with requirements of BCHD. Gray water discharges are a violation of § 73.11 of the Pennsylvania Code, Title 25, Environmental Protection, and may also be a violation of Sections 202 and 207 of the Pennsylvania Clean Streams Law,[1] if the discharge is to any waters of the commonwealth (as defined herein). All violations shall be referred to BCHD.

Editor's Note: See 35 P.S. §§ 691.202 and 691.207.

§ 168-109 Sewage management priority.

All lots, existing or proposed, on which sewage is generated must employ individual or community sewage disposal. The highest priority method of sewage disposal set forth in the table in Subsection D below that can be technically and administratively implemented on the subject property must be utilized for new systems and repair situations.

Applicants must provide documentation to support their chosen system type, including soils testing, to verify consistency with the above hierarchy. The Township may consider modifications to the table in Subsection D below on a case-by-case basis, upon review of supporting documentation submitted by the applicant. However, permitting of sewage systems will remain the responsibility of BCHD or PADEP, as appropriate.

If disposal cannot be provided by a higher-ranked method than proposed, the applicant must submit a written explanation of the reasons why the given lot is not suitable for these higher-ranked methods, along with the appropriate supporting data. A decrease in the number of dwelling units, businesses, and/or establishments that could be served by a certain method of sewage disposal upon the subject property shall not constitute a valid reason why a higher ranked method is not utilized in favor of a lower priority method. An applicant must show that the higher rank methods of sewage disposal will not function upon the subject property and must demonstrate that the proposed system will not degrade surface or groundwater for its intended use for drinking water or wildlife habitat before proposing to employ a lower-ranked method.

Sewage Management Priority Table.

Individual on-lot sub-surface sewage disposal.

Individual on-lot elevated sand mound.

Individual on-lot residential spray irrigation (IRSIS)/drip irrigation system.

Individual greenhouse system.

Individual on-lot alternate system.

Community on-lot subsurface sewage disposal.

(7)

Community on-lot elevated sand mound.

(8)

Community on-lot spray irrigation/drip irrigation system.

(9)

Individual on-lot A/B soil system (repair only).

(10)

Holding tank (residential repair or commercial, institutional, industrial with less than 800 gpd flow).

(11)

Small flow treatment facility with stream discharge.

(12)

Experimental system or other system not listed above.

§ 168-110 System rehabilitation/repair/replacement.

If BCHD determines that any individual or community sewage disposal system is malfunctioning and, further, if the property abuts or fronts an existing municipal sewer, then BCHD shall require that property be connected to the municipal sewer, at the property owner's sole cost and expense. Under those circumstances, BCHD will not issue a permit for the repair of a malfunctioning on-lot sewage disposal system.

If any individual or community sewage disposal system is observed to be malfunctioning, the Township will notify BCHD. The Township must be notified by BCHD of all permits issued for repair of the system, and final inspections performed.

Should BCHD indicate that it is not possible to repair or modify the system to comply with PADEP's standards for sewage disposal systems, then the property owner shall be required to have a replacement individual or community sewage disposal system designed for the property. The highest priority method of sewage disposal as listed above shall be utilized for the replacement system. Design shall conform to current regulations as promulgated by the PADEP and these regulations.

BCHD may require the repair/rehabilitation/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, expanding the existing disposal area, replacing the existing disposal area, replacing a gravity distribution system with a pressurized system, and such other alternatives as appropriate for the specific site, including use of reservation areas.

In combination with the remedies delineated by BCHD, the Township encourages installation of water conservation equipment and the institution of water conservation practices in structures served.

§ 168-111 Liens.

The Township, upon written notice from BCHD that an imminent health hazard exists, due to failure of a property owner to maintain, repair/rehabilitate or replace any system, as regulated under the terms of this chapter, shall have the authority to perform or contract to have performed, the work required by BCHD. The property owner shall be charged for the work performed and, if necessary, a lien shall be recorded in accordance with law.

The Township shall not, however, be obligated to perform or contract to have performed any work required to maintain, repair, rehabilitate or replace any on-lot sanitary sewage system.

§ 168-112 Disposal of septage.

All septage pumper/haulers operating within the Township shall be licensed by BCHD/PADEP, as applicable.

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

Septage shall be handled consistent with the provisions of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101 through 6018.1003), and regulations adopted pursuant to such Act.

§ 168-113 In-ground, drip irrigation, and sand mound sewage systems.

The owner of a property that utilizes an in-ground, drip irrigation or sand mound system shall comply with the following:

Construct and maintain the system in conformance with this chapter and any other ordinance of the Township, the Sewage Facilities Act,[1] the rules and regulations of the BCDH and PADEP, and all applicable regulations and statutes of the Commonwealth of Pennsylvania.

Editor's Note: See 35 P.S. § 750.1 et seq.

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 nonrefundable fee to the Township for Township costs of administration, compliance monitoring, and enforcement of this chapter.

Design requirements:

The seepage bed of the primary sewage system, including the toe of slope of the sand-mound sewage bed, shall not encroach within the required front, side, and rear yard setback designated by the Township Zoning Ordinance,[2] except in the case of repair of an existing system.

Editor's Note: See Ch. 234, Zoning.

No portion of the Sewage Facilities Act setback requirements for the system may be located on any lot or property other than the parcel containing that system.

No livestock of any type or equipment heavier than a common riding mower/garden tractor shall be allowed upon the absorption area of any sewage system.

Replacement seepage beds are required to be identified and shall be in accordance with § 168-118 of this chapter.

§ 168-114 Individual residential spray irrigation systems (IRSIS).

The owner of a property utilizing an individual spray irrigation system (IRSIS) shall:

Construct and maintain the system in conformance with this chapter and any other ordinance of the Township, the Sewage Facilities Act, the rules and regulations of the BCDH and PADEP, and all applicable regulations and statutes of the Commonwealth of Pennsylvania.

Design requirements:

The wetted perimeter of the primary spray field shall not encroach within the required minimum front, side, or rear yard setback designated by the Township Zoning Ordinance,[1] except in the case of a repair of an existing system.

Editor's Note: See Ch. 234, Zoning.

No portion of the Sewage Facilities Act setback requirements for an IRSIS serving a lot created by subdivision after the effective date of this chapter may be located on any lot or property other than the parcel containing the IRSIS.

No portion of the sewage system may encroach within a floodplain, riparian buffer, or wetland.

Buffering:

Whenever the wetted perimeter of the spray irrigation field is located within 100 feet, but not less than 50 feet, of a property boundary, buffering shall include a minimum of one evergreen tree per 30 feet, and one canopy tree per 40 feet, arranged along and within 25 feet of the property boundary.

Whenever the wetted perimeter of the spray irrigation field is located within 50 feet of the property boundary, buffering shall include a minimum of one evergreen tree per 20 feet arranged along and within 25 feet of the property boundary.

Buffer plant material shall conform to requirements of § 196-515 of the Subdivision and Land Development Ordinance, as amended.

Where natural features/vegetation exist on the site, which duplicate, or essentially duplicate, requirements for buffering, buffer requirements may be waived by the Board of Supervisors.

Spray irrigation of the treated effluent shall be permitted only between the hours of 11:00 p.m. to 5:00 a.m.

Replacement spray field area is required to be identified and shall be in accordance with § 168-118 of this chapter.

§ 168-115 Small flow treatment facilities (SFTF).

The owner of a property that utilizes a small flow treatment facility shall:

Editor's Note: See 35 P.S. § 750.1 et seq.

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 nonrefundable fee to the Township for Township cost of administration, compliance monitoring, and enforcement of this chapter.

No component of an SFTF, including discharge line, may be located on any lot or property other than the parcel containing the facility.

If municipal sewer service becomes 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. Small flow treatment facilities must be disconnected and disposed of in accordance with applicable Pennsylvania Department of Environmental Protection and the Bucks County Department of Health rules and regulations.

§ 168-116 Alternate and experimental systems.

The owner of a property that utilizes an alternate system shall comply with the following:

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 nonrefundable fee to the Township for Township cost of administration, compliance monitoring, and enforcement of this chapter.

Replacement areas are required to be identified and shall be in accordance with § 168-118 of this chapter.

§ 168-117 Community sewage systems.

All community sewage systems shall comply with the following, along with any specific requirements of the sewage system type listed in the above sections:

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 nonrefundable fee to the Township for its cost of administration, future compliance monitoring, and enforcement of this chapter.

The seepage bed(s) (including toe of sand-mound slope) or the wetted perimeter of a spray field shall not encroach within the required minimum front, side, or rear yard setback designated by the Township Zoning Ordinance[1] or within 50 feet of a property boundary, whichever setback distance is greater.

Editor's Note: See Ch. 234, Zoning.

No portion of the Sewage Facilities Act setback requirements for the appropriate system may be located on any lot or property other than the lot containing the system.

Buffering. All community sewage systems shall be buffered as follows:

A minimum of one evergreen tree per 20 feet, one canopy tree per 40 feet, and one shrub per six feet arranged along and within 25 feet of the property boundary.

A fence at least six feet in height of material approved by the Township installed along the entire length of the property line behind the above-listed buffer plants.

Buffer plant materials shall conform to the requirements of the Township's Subdivision and Land Development Ordinance.[2]

Editor's Note: See Ch. 196, Subdivision and Land Development.

Where full grown trees exist on the site which duplicates the requirements for buffering, the buffering requirements of this chapter may be waived by the Township Board of Supervisors.

No livestock of any type or equipment heavier than a common riding mower/garden tractor shall be allowed upon the absorption area of any community sewage system.

A replacement sewage disposal area is required and shall be in accordance with § 168-118 of this chapter.

§ 168-118 Replacement areas.

Where replacement sewage disposal areas are required by the Zoning Ordinance[1] or this chapter, the following requirements shall be met:

Any proposed replacement area shall comply with this chapter, any other Township ordinance, the Sewage Facilities Act,[2] the rules and regulations of the BCDH and PADEP, and all applicable regulations and statutes of the Commonwealth of Pennsylvania, including, but not limited to, isolation distances.

Editor's Note: See 35 P.S. § 750.1 et seq.

Allowance of open land for the replacement area, without the performance of appropriate soil testing to verify suitability of the land for a replacement area, shall not constitute compliance with the requirements of this section.

Every replacement area shall be protected by a deed restriction or recorded easement that contains the following restrictions:

No grading or other improvements, whether permanent or temporary, shall be permitted upon or within the replacement area.

No permanent or temporary alterations, grading, excavation, stockpiling of any soil or any other material shall take place on or in the replacement area.

During any construction or other activities, the replacement area shall be marked and blocked off by construction fencing to prevent equipment with greater wheel loadings than a common riding mower/garden tractor from traveling over or operating upon the surface of the replacement area.

The final cover or improvement to every replacement area shall be limited to shallow-rooted plant material.

(e)

Replacement area shall be protected from livestock pasture/grazing.

Editor's Note: See Ch. 234, Zoning.

Identification of replacement area.

Any applicant who proposes to install an individual or community sewage system shall demonstrate to the satisfaction of the Township that a suitable replacement area exists on the same lot as the proposed sewage system. The Township or BCDH shall observe all tests required to identify the proper location for the replacement area.

The location of the replacement area, as confirmed by the Township, shall be identified on the plot plans and diagrams submitted as part of any permit, subdivision, land development, or planning module application.

Replacement areas for sewage systems with front, side, and rear yard setbacks as established by the Zoning Ordinance; however, must be consistent with environmental protection standards of the Zoning Ordinance.

Any revisions to a permit or plan affecting a previously approved replacement area shall be reviewed for approval by the Township Board of Supervisors or its authorized representative.

If a replacement area has been already identified upon a lot or parcel, an applicant may attempt to identify, to the Township's satisfaction, an alternate replacement area upon the lot or parcel. This alternate replacement area shall comply with this chapter. Once an alternate replacement area is identified, this alternate replacement area may be considered as such for the purposes of this chapter, so long as it meets all the requirements and protections of this chapter.

Subdivision/land development restrictions.

All applications for subdivision or land development shall provide for a replacement area(s) upon its/their plan(s) and shall place a note upon the approved record plans stating that no improvements shall be constructed upon, and no alterations shall be made to, any replacement area. The applicant shall also execute and record new or corrected deeds for each lot created by or a part of the subdivision or land development that contains language protecting the replacement area within the lots boundaries.

The subdivision/land development plan shall also note and specifically require the replacement area be marked and physically blocked off to prevent equipment with greater wheel loadings than a common riding mower/garden tractor from traveling over or operating upon the surface of the replacement area during construction activity. The plan shall require the final cover or improvement to every replacement area to be limited to shallow-rooted plant material.

§ 168-119 Sewage maintenance agreements; fees.

All owners of property or persons who propose utilizing an individual spray irrigation system, small flow treatment facility, community on-lot sewage disposal facility, alternate or experimental sewage disposal facility, or sewage disposal facility on sites containing marginal conditions for on-lot sewage disposal shall execute a sewage facilities operation and maintenance agreement with the Township. Anyone who rehabilitates, repairs, or replaces such systems pursuant to § 168-110 of this chapter shall also execute a sewage facilities operation and maintenance agreement with the Township. The Township shall have the authority to require that anyone who rehabilitates, repairs, or replaces any other type of individual or community sewage disposal system, pursuant to § 168-110 of this chapter, shall execute a sewage facilities operation and maintenance agreement with the Township in order to protect the public health, safety, and welfare.

Any agreement entered into under Subsection A above shall provide for deposit of a nonrefundable fee to the Township for administration and future compliance monitoring; and shall further 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, letter of credit, or other Township-approved financial security. The minimum amount of financial security to guarantee the proper operation and maintenance of the proposed facility shall be $1,500, for each lot or parcel having the requirement for execution of a sewage facilities operation and maintenance agreement, with the amount of financial security subject to revision by the Township from time to time by adoption of a resolution of the Board of Supervisors. Unless required by future resolution of the Board of Supervisors, the requirement of financial security shall not apply to maintenance agreements executed for a rehabilitated sewage disposal system that is the replacement for an on-lot sewage disposal system approved by BCHD or PADEP.

Prior to execution of an operation and maintenance agreement by the Township, the property owner shall accomplish the following items:

Applicant shall obtain verification from the Bucks County Department of Health indicating that the site is generally suitable for installation of an on-lot sewage disposal facility as proposed.

Three copies of the site plan and design of the proposed sewage disposal system shall be filed with the Township unless the property is the subject of a subdivision or land development plan currently being processed by the Township.

Any additional information, such as information on size, location, or as otherwise required by the Township, shall be submitted to the Township for review.

A fee in an amount established by separate resolution of the Board of Supervisors, as amended from time to time, shall be paid to the Township for review of submitted documentation, and preparation of the operation and maintenance agreement.

The applicant shall deposit financial security as required by the operation and maintenance agreement, to be held by the Township and used only in the event that the Township is required to perform any services, or pay for any services, relative to administering terms of the operation and maintenance agreement. Financial security amount for community sewage systems shall be established by the Township based on the size of the system and an estimate of annual operation and maintenance costs submitted by the design engineer and approved by the Township.

§ 168-120 Administration.

The Township shall be authorized to exercise the powers conferred upon it pursuant to the terms and conditions of this chapter or any other applicable laws of the county, state and federal government. This shall include, but not be limited to, the authority to impose operational, maintenance, and other requirements on a case-by-case basis to protect the public health, safety, and welfare.

The Board of Supervisors may establish a fee, by resolution, the purpose of which is to defray the cost of inspections and other aspects of the sewage management program as set forth in this chapter.

§ 168-121 Appeals.

Any property owner aggrieved by the written decision of a Township employee or other authorized agent of the Township pursuant to this chapter may appeal the decision by written notification to the Board of Supervisors, provided that the appeal notification shall be filed within 30 days from the date of the decision at issue.

The property owner and/or person filing an appeal shall be entitled to a hearing before the Board of Supervisors, or its designee, within 30 days of receipt of the appeal. Either party, by good cause shown, may extend the time for a hearing but a decision shall be left to the discretion of the Board of Supervisors, or its designee. A hearing shall be conducted in accordance with the provisions of the Pennsylvania Local Agency Act[1] and a decision shall be rendered, in writing, within 45 days of the conclusion of the hearing and all proceedings related thereto. If the 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 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.