Township of Upper Makefield, PA Program Requirements and Policies

The Township Planning Commission shall review all subdivision/land development plans containing OLDS system design and layout details for conformance with the Official Sewage Facilities (Act 537) Plan, this Part, and all applicable ordinances. In addition to this general planning function, all Township officials (e.g., Supervisors, Planning Commission, Zoning Officer, Building Inspector, etc.) shall include the provisions of the OLDS program in their respective duties and functions.

On-lot sewage disposal systems shall be encouraged wherever feasible and economical throughout Upper Makefield Township. The following OLDS planning policies foster the nonsewered approach and the conservation of groundwater resources:

(1)

Limit expansion of existing centralized sewage facilities by encouraging on-lot systems.

(2)

Maintain OLDS ownership with the individual property owner, homeowners' association or developer.

(3)

Encourage the use of innovative sewage facilities that reduce water consumption and sewage generation.

(4)

Recycle sewage by relying upon individual OLDS and community OLDS for groundwater recharge via either subsurface or surface disposal of treated sewage effluent.

(5)

Promote subsurface disposal of effluent wherever possible.

(6)

Restrict community subsurface systems to pressurized distribution systems.

(7)

Encourage water conservation and sewage flow reduction by the use of water-saving devices, nonwater toilets, sewage effluent recycling and reuse, and other state-of-the-art water conservation methods.

(8)

Require, via a separate water conservation ordinance, that all newly constructed residential, commercial, industrial, agricultural, recreational, governmental, or public buildings or structures of any kind have installed water-saving fixtures. Such fixtures will reduce the quantity of water required to flush toilets and will reduce the flow rates of showers and faucets.

The planning, design, siting, construction, maintenance, repair, and replacement of any on-lot sewage disposal system shall be done in accordance with the requirements of Pa Code Title 25, Chapter 73, Standards for On-lot Sewage Treatment Facilities, as administered by the BCDH as consultants to the Township.

Hierarchy of alternatives for OLDS. All lots, existing and proposed, that are currently or proposed to be serviced by OLDS shall utilize the highest-priority method of sewage disposal listed below that can be technically or administratively implemented on the subject property based on soils and site conditions. 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 are being proposed in conjunction with a potential subdivision or land development application 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 why the higher-ranked methods of sewage disposal will not function upon the subject property before proposing to employ a lower-ranked method.

	Sewage Management Priority Table (Ranked from High to Low)
	(1)	Individual on-lot subsurface sewage disposal.
	(2)	Individual on-lot elevated or at-grade sand mound.
	(3)	Individual on-lot residential spray irrigation system (IRSIS).
	(4)	Individual on-lot alternate system.
	(5)	Experimental system or other system not listed above.
	(6)	Holding tank (only per Buck County Department of Health and Pennsylvania Department of Environmental Protection requirements).
	(7)	Community on-lot subsurface sewage disposal.
	(8)	Community on-lot elevated sand mound.
	(9)	Community on-lot spray irrigation system.

Under no circumstances shall cesspools be used as a new or replacement OLDS within Upper Makefield Township.

The organizational format for OLDS management in Upper Makefield Township is outlined in Table 1 of this Part.[1]

System ownership and maintenance. All individual OLDS shall be owned and maintained by the property owner. All community OLDS shall be:

(1)

Offered for dedication to the Township; or

(2)

Agency-designated by the Township or owned and maintained by a homeowners' association. The operator of all community sewage facilities must be licensed by PADEP.

Financial requirement. Financial requirements for all new systems shall be as follows:

(1)

Individual conventional subsurface systems: none required.

(2)

Individual residential spray irrigation systems (IRSIS), individual small flow stream discharge systems, and individual alternate and experimental systems: $3,000 performance guarantee for the life of the system to be deposited with the Township by the system's owner. The escrow shall be replenished as required in a maintenance agreement governing the escrow executed prior to the installation of the OLDS.

(3)

Community systems (all types) construction escrow: 110% of the estimated construction cost as approved by the Township Engineer. This escrow is to be held until construction is completed to the satisfaction of the Township Engineer.

(4)

Community systems (all types) performance guarantee [i.e., operation and maintenance (O&M) fund]: a cash escrow in an amount equal to two times the estimated annual O&M to be retained by the Township for the life of the system. The escrow shall be replenished as required in an O&M agreement executed prior to the start of construction.

Township's right of entry. The Township, for the purpose of examining the system, has right to enter at reasonable times upon any premises in the Township upon which there is suspected to be any nuisance or public health hazard, or threat to the public, health, safety and welfare. (53 P.S. § 68007)

Required pumping and inspection of OLDS.

(1)

All on-lot disposal systems utilizing a septic tank as a primary treatment unit shall be pumped on the following schedule, at a minimum:

(a)

Individual and alternate design subsurface systems: once every three years. Additionally, the system shall be pumped out more frequently if required per the pumper/inspector recommendations.

(b)

IRSIS: annually, or as otherwise specified in the Township O&M agreement.

(c)

Community systems (all types): annually, or as otherwise specified in the Township O&M agreement.

(d)

Experimental systems: annually, or as otherwise specified in the Township O&M agreement.

(2)

All aerobic unit systems shall be inspected annually for proper operation and certified to be in good working order.

OLDS pumping and inspection procedures.

(1)

It is the responsibility of the property owner to have a Township-registered and BCDH-licensed pumper/inspector perform the necessary work. A list of registered pumpers/inspectors can be obtained from the Township.

(2)

A pumper/inspector report (see Appendix B)[2] must be completed during every site visit by an Upper Makefield Township and BCDH licensed pumper/inspector and given to the property owner as proof of pumpout. The pumper/inspector must submit the pumper/inspector report for every tank pumped in Upper Makefield Township within 20 days after the work has been completed. In the event that cracks, leaks, inoperable baffles, or a system malfunction are found by the pumper or inspector, both the pumper/inspector and property owner must submit the pumper/inspector report to Upper Makefield Township within 15 days of the work being completed. The Township will submit a copy of the report to the BCDH for its records when a system malfunction is documented. The damage or malfunction must be repaired within 60 days, and the property owner must submit a certification by the person performing the repairs that the repairs have been completed. If the sixty-day time limit is met, the property owner may request relief from the time requirement. The request for relief may, at the option of the Township, be granted if the property has shown good cause for the delay and if the property owner has demonstrated that the repairs will be made at the earliest possible opportunity.

[2]

Editor's Note: Appendix B is on file in the Township offices.

(3)

The following procedure shall be utilized in pumping and inspecting an on-lot disposal system utilizing a septic tank as a primary unit:

(a)

Locate the septic tank and the absorption areas (tile field trenches, seepage pits, elevated sand mound, etc.).

(b)

Locate the septic tank cleanout manhole and excavate around the cover to prevent soil from falling into the tank when the cover is removed. The owner shall be responsible to have the cleanout manhole excavated, whether by the sewage hauler or otherwise.

(c)

Remove manhole cover. Break up scum in the tank and pump out a portion of the material in the tank. The inspection port over the inlet or outlet baffles shall not be used for cleaning as this may damage the baffles and will not permit the tank contents to be thoroughly mixed for pumping.

(d)

Reinject the pumped liquid back into the tank to further break up the scum and mix the sludge at the bottom of the tank with the liquid. Pump out the mixed material.

(e)

Repeat Subsection E(3)(d) until the tank is pumped out, i.e., sludge and scum removed.

(f)

Inspect the empty tank for cracks, leaks, deterioration and missing baffles. The tank shall not be entered for the purpose of inspection. A mirror and light may be helpful to see inside the tank. Note any problems with the tank. Acid or chemical cleaners shall not be used in the tank.

(g)

Replace the manhole cover carefully and securely.

(h)

If the cleanout manhole is buried deeper than 12 inches, risers shall be installed over the cleanout manhole and inspection port to facilitate future cleaning and inspection. The riser cleanout manhole should be 24 inches in diameter.

(i)

Backfill over the cover or around the riser.

(j)

Make a visual inspection of the disposal area for surface seepage, erosion, infiltration, etc., and note any problems.

(k)

Inform the property owner of any problems encountered with any of the components of the system and, if possible, suggest corrective measures.

(l)

Clean up any spillage. Dispose of the septage at any PADEP-approved disposal site.

(4)

Aerobic systems may not require regular three-year pumping, but shall be inspected by a qualified person to determine that they are in good working order.

Registration of sewage haulers and inspectors.

(1)

Annual registration required. No sewage hauler, including those persons delivering, picking up and cleaning portable sanitary facilities, or inspector of aerobic systems shall engage in business within the Township or offer such service within the Township without first registering with the Township, on forms hereinafter provided from the Code Enforcement Office.

(2)

Application for registration. Applications for registration issued hereunder shall be made upon forms prepared and made available by the Township Code Enforcement Office, which shall state at a minimum:

(a)

The personal name, home address, and business name and address, if any, of the applicant, and type of business organization under which the business is operated (i.e., sole proprietor, partnership, corporation).

(b)

For sewage haulers, the location, description, and listing of the sewage hauling trucks owned, leased or operated by the applicant.

(c)

Experience and training of the operators of the vehicles proposed for licensing or the inspectors.

(d)

For sewage haulers, the BCDH license issued pursuant to Section 4 of the BCDH Rules and Regulations Governing Individual Sewage Disposal for the sewage transportation vehicle or vehicles being used.

(e)

Name, address, policy number, expiration date and policy limits of applicant's liability insurance policies.

(f)

Such other information as the Code Enforcement Office shall find reasonably necessary to effectuate the purpose of this Part and to fairly determine the applicant's compliance with the terms of this Part.

(g)

The disposal site for septage is a PADEP or NJDEP licensed facility.

(3)

Minimum standards. Each sewage hauler/inspector registering with the Township, except persons who are registering to deliver, pickup and/or clean portable sanitary facilities, shall submit proof that:

(a)

The sewage hauler/inspector has pumping equipment which is capable of reversing flow or reinjecting pumped material back into the tank to thoroughly mix the sludge and scum into pumped liquid.

(b)

Each vehicle carries a mirror or reflecting device and an appropriate light source for inspecting tanks.

(4)

Insurance policies. The sewage hauler/inspector shall deliver to the Code Enforcement Office certification of a general public liability policy in a minimum amount of $1,000,000, which policy shall be effective for a period of one year from the date of the application. The Township shall be named as an additional insured on the insurance certificate.

(5)

A sewage hauler or inspector who registers with the Township shall agree in writing to abide by the regulations and procedures of this Part.

(6)

Revocation of status of registered sewage hauler/inspector. The Township may revoke the registration made hereunder if the registration was made fraudulently, or by making a false statement or statements of a material fact which, if disclosed at the time of the registration, would have disqualified the registrant. The Township may also revoke a registration if the sewage hauler/inspector violates the regulations and procedures of PADEP or BCDH or of this Part.

(7)

Registration under this Part shall not confer upon the sewage hauler/inspector any status as an employee or independent contractor of the Township, and payment for services rendered to the sewage hauler/inspector shall be by the owner, operator or custodian of the system being pumped.

In accordance with the requirements of the Pa.Code Title 25, Chapter 73, Standards for On-lot Sewage Treatment Facilities, only normal domestic wastes, including kitchen, bathroom, and laundry wastes and water softener backwash water, shall be discharged to any on-lot sewage disposal system. Sewage which contains any of the following shall not be discharged into any individual or community sanitary sewage disposal system:

(1)

Industrial waste (without appropriate permitted pretreatment).

(2)

Automobile oil and any other nondomestic oil.

(3)

Toxic or hazardous substances or chemicals, including but not limited to pesticides, disinfectants (excluding household cleaners), acids, paints, paint thinners, herbicides, gasoline and other solvents.

(4)

Clean surfacewater or groundwater, including water from roof or cellar drains, springs, basement sump pumps, and french drains.

(5)

Wastewater resulting from hair treatment at beauty salons having more than one licensed operator.

(6)

Any nonbiodegradable materials.

(7)

Backflow from the absorption area following or during pumping.

(8)

Surface discharge, ponding, or other signs of malfunction in the vicinity of the absorption area.

The use of garbage grinders (garbage disposals) connected to on-lot disposal systems is prohibited for new construction and is strongly discouraged for existing systems as they increase the solids in the treatment tank which may necessitate more frequent pumping or may cause improper functioning of the treatment unit.

All new construction must comply with the Uniform Construction Code (UCC) requirements for water-conserving plumbing fixtures and fittings. The Township may require the installation of water conservation devices, consistent with the UCC, and other operation and/or maintenance procedures to improve the performance of malfunctioning on-lot sewage disposal systems.

Special sewage management program districts.

(1)

Needs areas.

(a)

The BCDH has identified the following areas within the Township as "needs areas" with a history of malfunctioning OLDS:

[1]

Taylorsville area.

[2]

Dolington area.

(b)

The boundaries of these needs areas, hereinafter referred to as "special sewage management program (SSMP) districts," along with an identification of the properties contained therein, are attached hereto within Appendix C.[3]

[3]

Editor's Note: Appendix C is on file in the Township offices.

(2)

The Official Act 537 Plan includes supplemental provisions specific to the SSMP districts beyond those proposed in the preceding sections of this Part to improve the performance of the existing OLDS in these districts. These supplemental provisions include the following:

(a)

Septic tank pumping as noted in § 18-124D(1)(a) of this chapter shall occur once every two years within the SSMP Districts. The two-year septic tank pumping frequency within the SSMP Districts may be increased to three years, if, in the sole discretion of the Township or its delegate, the OLDS design and/or loading information provided by the property owner warrants a less frequent pumping cycle.

[Amended 8-20-2019 by Ord. No. 324]

(b)

The pumper/inspector report referenced in § 18-124E(2) of this Part shall be submitted to the Township by the pumper/inspector within 15 days of the work being completed within the SSMP districts, whether or not problems with the OLDS are noted by the pumper/inspector.

(c)

Property owners within the SSMP districts shall perform an annual inspection/assessment of the existing OLDS serving their property utilizing the Property Owner Inspection Report Form developed by the Township (See Appendix D[4]). The OLDS inspection/assessment shall be performed during the months of March, April, or May of the given year. The Property Owner Inspection Report Form must be submitted to the Township by no later than June 15 of the given year.

[4]

Editor's Note: Appendix D is on file in the Township offices.

(d)

Low flow/usage plumbing fixtures shall be used in conjunction with any plumbing repairs/upgrades performed on any property within the SSMP districts.

(e)

Notwithstanding the supplemental provisions outlined within § 18-124J(2) above, all other aspects of § 18-124 of this Part apply to properties within the SSMP districts.

[1]

Editor's Note: Table 1 is on file in the Township offices.