[Adopted 8-2-1995 by Ord.
No. 183; amended in its entirety 11-15-2016 by Ord. No. 311]
The purpose of this Part is to establish procedures for the
use and maintenance of holding tanks when the Township, Bucks County
Department of Health (BCDH) and the Pennsylvania Department of Environmental
Protection (PADEP) determine that the use of a holding tank is necessary
to abate a nuisance or public health hazard. This Part also applies
to institutional, recreational or commercial establishments with a
sewage flow of 800 gallons per day or less. It is hereby declared
that the regulations of this Part are necessary for the protection,
benefit and preservation of the health, safety and welfare of the
residents of Upper Makefield Township.
A.
RETAINING TANK
(1)
(2)
(3)
(4)
(5)
(6)
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage and is designed and constructed
to facilitate ultimate disposal of the sewage at another facility.
Holding tanks include but are not limited to the following:
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
COMPOSTING TOILETA device for holding and processing human and/or organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
HOLDING TANKA watertight receptacle, whether permanent or temporary, which receives sewage via a water-carrying system and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another facility.
INCINERATING TOILETA device capable of reducing waste materials to ashes.
PRIVYA tank designed to receive sewage where water under pressure is not available.
RECYCLING TOILETA device in which the flushing medium is restored to a condition stable for reuse and flushing.
The Township Supervisors and their duly authorized agents are
authorized and empowered to undertake within the Township the control
and methods of holding tanks, sewage disposal, and the collection
and transportation thereof.
The Board of Supervisors is hereby authorized and empowered
to adopt, by resolution, such rules and regulations concerning sewage
which it may deem necessary from time to time to effect the purposes
of this Part.
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 Bucks County and the Commonwealth of Pennsylvania.
A.
Before a holding tank may be installed, the property owner shall:
(1)
Obtain a permit for the holding tank from the BCDH.
(2)
File a copy of the BCDH permit, application and plan with the Township.
(3)
File annually with the Township a copy of a written agreement between
the property owner, hauler and acceptor covering the periodic emptying
of the tank.
(4)
Submit such additional information on the size and location of the
tank and such other information as the Township may require in order
to complete this review.
(5)
Deposit and/or post the sum of money to serve as financial security,
in the form and/or amount as provided by the rules and regulations
promulgated for this Part. These funds are to be held by the Township
and used in the event the Township is required to perform any services
or pay for any services or maintenance relative to the holding tank.
The Board of Supervisors shall have the right to claim the entire
escrow deposit as reimbursement for Township expenses, including administrative,
engineering and legal fees.
(6)
Pay a fee to the Township for the holding tank permit in accordance
with the appropriate resolutions as adopted by the Board of Supervisors
from time to time.
(7)
Execute an agreement, in a form acceptable to the Township, indemnifying
and holding the Township harmless in the event of a claim against
the Township arising from the operation of the holding tank.
B.
A permit issued under the terms of this Part shall become null and
void if the holding tank installation has not been completed to the
satisfaction of the Township within one year of the date of issuance.
The owner of a property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this Part or any ordinance
of the Township, the provisions of any applicable law, and the rules
and regulations of the Township, Bucks County, and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Permit only persons authorized by the BCDH and Township to collect,
transport and dispose of the contents of the tank.
C.
Be responsible for the periodic cleaning or emptying of the holding
tank as well as the cost thereof.
D.
Be responsible for the periodic testing of sewage and the cost thereof
when deemed necessary by the Township.
Whenever sanitary sewer service provided by the Township becomes
available for use, the holding tank must be disconnected and disposed
of in accordance with any applicable BCDH/PADEP/Township Regulations,
and proper connection shall be made to the sanitary sewer within 90
days after notice to make connection.
A.
Any person or entity who shall violate any of the provisions of this
Part, or who shall fail to comply with any written notice from Upper
Makefield Township which describes a condition of noncompliance, shall
be guilty of a violation of this Part, and, upon conviction, thereof,
shall be sentenced to a fine of not more than $1,000 plus costs and
expenses. A new and separate violation shall be deemed to be committed
for each day after receipt of the aforesaid notice that such violation
exits.
A.
The proposed disposal site, method of disposal and waste hauler for
holding tank waste shall be approved by the BCDH or PADEP prior to
final approval for installation of the holding tank.
B.
Whenever Upper Makefield Township issues permits for holding tanks,
the Township may impose other conditions it deems necessary for operation
and maintenance of the tanks in order to prevent a nuisance or public
health hazard.
C.
Holding tanks require regular service and maintenance to prevent
their malfunction and overflow and shall be used in lieu of other
methods of sewage disposal only when the following conditions are
met:
(1)
An Act 537 revision provides for replacement of the holding tank
by adequate sewerage services in accordance with a schedule approved
by Upper Makefield Township and the PADEP.
(2)
When the Township, BCDH and PADEP determine that the use of a holding
tank is necessary to abate a nuisance or public health hazard.
(3)
In the case of an institutional, recreational or commercial establishment
with a sewage flow of 800 gallons per day or less, a holding tank
may be utilized.
D.
The property owner shall execute an agreement with Upper Makefield
Township in a manner acceptable to the Township guaranteeing future
maintenance of the holding tank. Said agreement shall include provisions
for the Township to receive and review pumping receipts for the holding
tank, periodic inspection and procedures and penalties for correction
of malfunctions or public health hazards from use of the holding tank.
E.
The applicant shall deposit and/or post with Township a sum of money,
in a form and amount determined by the Township, to serve as financial
security, to guarantee the proper installation, operation, and maintenance
of the holding tank and to reimburse the Township for any services
and expenses incurred by the Township relative to the holding tank.
A.
In addition to other requirements of this Part, holding tanks shall
be constructed to meet specifications of Pa. Code, Title 25, Chapter
73, as well as PADEP rules and regulations relating to standards for
septic tanks.
B.
The minimum capacity of a holding tank shall be 1,000 gallons or
a volume equal to the quantity of waste generated within three days,
whichever is larger.
C.
Holding tanks shall be equipped with a warning device to indicate
when the tank is filled to 75% capacity. The warning device shall
create an audible and visual alarm at an exterior location frequented
by the property owner or responsible individual or entity.
D.
Disposal of the waste from a holding tank shall be at a site approved
by the BCDH, PADEP, or NJDEP.
A.
Upon receipt of approval by the BCDH and/or PADEP for the installation
of a holding tank, the applicant shall secure a holding tank permit
for tank installation from Upper Makefield Township and make payment
of the required permit fee. All applications for permits shall include
the following:
A.
Tank installation shall not commence until receipt of a holding tank
installation permit approved by Upper Makefield Township.
B.
The applicant shall give no less than 48 hours' notice to Upper
Makefield Township prior to commencement of installation.
C.
All holding tank installations shall conform with the rules and regulations
of this Part. Upper Makefield Township reserves the right to suspend
installation at any time by way of verbal and/or written notification
should the tank installation at any time be in violation of this Part,
the Township holding tank resolution, the agreement with the Township
permitting the holding tank, the BCHD/PADEP permit, or PADEP or county
or local regulations, including but not limited to the Upper Makefield
Township Building and Plumbing Codes.
Removal and/or disposal of a holding tank shall be in compliance
with any applicable regulations of the BCDH/PADEP/Township regulations
and shall require notice to Upper Makefield Township no less than
15 days prior to the start of removal or disposal.
The owner of each holding tank shall agree to maintain and be
responsible for the holding tank, subject to the terms and conditions
stated in this Part. The agreement with the Township regarding the
operation, maintenance and removal of the tank shall be recorded in
the Office of the Bucks County Recorder of Deeds and shall be binding
upon all future property owners.
The Board of Supervisors of Upper Makefield Township reserves
the right to amend this Part at any time, as deemed necessary.
