[Adopted 8-15-2000 by Ord. No. OO-00-3]
The purpose of this article is to establish
procedures for the use and maintenance of existing and new holding
tanks designed to receive and retain sewage, whether from residential
or commercial uses, and it is hereby declared that the enactment of
this article is necessary for the protection, benefit, and preservation
of the health, safety, and welfare of the inhabitants of this Township.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include but are not limited
to the following:
CHEMICAL TOILETA toilet using chemicals that discharges to a holding tank.
RETENTION TANKA holding tank system where sewage is conveyed to said tank by a water-carrying system.
VAULT PIT PRIVYA holding tank system designed to receive sewage where water under pressure is not available.
Any property within Kilbuck Township upon which there is
erected a structure intended for continuous or habitual habitation,
occupancy or use by human beings or animals and from which structure
sewage shall or may be discharged.
Any person who has a leasehold interest in any realty within
Kilbuck Township, whether the original lessee or a subtenant.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located within Kilbuck Township.
Any individual, partnership, company, association, corporation,
or any other group entity.
Any substance that contains any of the waste products or
excrement or other discharges from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, welfare, or safety, or to animal or aquatic
life or to the streams and rivers, or to the use of water whether
for domestic consumption, supply, or recreation or any substance which
constitutes pollution under the Clean Stream Law (35 P.S. §§ 691.1
to 691.1001).
The Township of Kilbuck.
The Zoning Officer of the Township of Kilbuck or other person
as designated by the Township of Kilbuck to manage this article.
The Board of Supervisors of Kilbuck Township
may adopt such rules and regulations concerning sewage which it may
deem necessary from time to time to control the methods of holding
tank sewage collection, transportation, and disposal thereof; and
the Board of Supervisors of Kilbuck Township may adopt such rules
and regulations concerning sewage which it may deem necessary from
time to time to effect the purposes herein. Such rules and regulations
shall be adopted by Kilbuck Township by resolution.
All such rules and regulations adopted by Kilbuck
Township shall be in conformity with all applicable laws and applicable
rules and regulations of administrative agencies of the Commonwealth
of Pennsylvania.
A.
The collection and transportation of sewage from any
improved property utilizing a holding tank shall be done solely by
or under the direction and control of the Zoning Officer, and the
disposal thereof shall be made only in accordance and only at such
site or sites as may be approved and regulated by the Department of
Environmental Protection of the Commonwealth of Pennsylvania, and
any other rules and regulations applicable by any administrative agency
authorized by applicable law to enact said rules and regulations.
B.
The Board of Supervisors of Kilbuck Township shall
receive, review, and retain pumping receipts from permitted holding
tanks.
C.
The Board of Supervisors of Kilbuck Township shall
receive, review and retain annual inspection reports for each permitted
holding tank.
A.
The owner and the lessee, severally and jointly, of
an improved property that utilizes holding tanks shall maintain the
holding tank in conformance with this article of the Township of Kilbuck,
the provisions of any applicable law, the rules and regulations of
the Township of Kilbuck, and any other administrative agency of the
Commonwealth of Pennsylvania or Allegheny County.
B.
Any owner or lessee, prior to the collection, transportation,
and disposal of the contents of any holding tank, shall make application
to the Zoning Officer setting forth the following:
C.
Upon receipt of the application, the Zoning Officer
shall review the application for compliance with any rules and regulations
of the Township of Kilbuck, and provisions of any applicable law.
D.
If the Zoning Officer disapproves the application
for collection and disposal, the Zoning Officer shall, by written
statement, state the objections of the Township and what provisions
are necessary to correct said application. The owner and lessee shall
immediately take steps to correct the deficiencies of the application
and resubmit a new application for collection, transportation, and
disposal of the contents therein.
E.
The collection, transportation, and disposal of the
contents of any holding tank shall be done at the cost of the owner
and/or lessee, severally or jointly; provided, however, that if, in
the opinion of the Zoning Officer, the owner and/or lessee has neglected
or failed to collect, transport, and dispose of the contents of any
holding tank as may be necessary, the Zoning Officer is authorized
to engage a qualified person to collect, transport, and dispose of
the contents of said holding tank. The cost of such collection, transportation,
and disposal shall be billed to the owner and/or lessee, jointly or
severally.
F.
Prior to the construction of any holding tank authorized
by the Zoning Officer pursuant to this article, or any other applicable
written law, rules and regulations, the owner and/or lessee shall
make application for a holding tank permit together with payment of
a license fee as set from time to time by resolution of the Board
of Supervisors. In addition to the fee required, the owner and/or
lessee shall be required to place with Kilbuck Township a performance
bond with approved security conditioned upon the faithful performance
of collection, transportation, and disposal of the contents of the
holding tank and removal of said tank in such amounts as determined
by the Township Engineer. In setting the amount of the bond, the Township
Engineer shall determine the size of the holding tank in relationship
to the anticipated use as indicated by the structure or dwelling said
holding tank shall service, and shall make a calculation as to the
number of times the contents of said holding tank shall need to be
collected, transported, and disposed within a calendar year, and the
cost of removal of said tank when no longer needed. The Township Engineer
shall further estimate the cost of the collection, transportation,
and disposal of the contents therein for each year which shall be
the principal amount of the bond required. All said bonds with approved
surety shall be renewed annually and shall be required during the
use of said tank. The principal amount of said bond may be increased
or decreased annually by the Township Engineer in accordance with
the anticipated cost as determined by the aforesaid calculations.
G.
Should any owner and/or lessee neglect or fail to
make collection, transportation, and disposal of the contents as required,
or fail to do so within five days of notification by the Zoning Officer,
the Zoning Officer shall take one or more of the following steps:
(1)
Arrange and contract for the collection, transportation,
and disposal of the contents of said holding tank.
(2)
Issue a cease-and-desist order for use of the toilet
and sewage facilities which void into the said holding tank.
(3)
Suspend and/or revoke the occupancy permit of the
buildings or structures said holding tank or tanks service.
H.
The owner and the lessee, severally and jointly, of
an improved property that utilizes holding tanks shall prevent any
leakage of the contents of said holding tank into the ground, any
watershed, or any watercourse. Upon the discovery of any leakage by
any person or the Zoning Officer, the owner and/or lessee shall immediately
cease using all toilet and sewage facilities voiding into said holding
tank until repaired or replaced and within one day collect, transport,
and dispose of the contents of the holding tank.
I.
Upon construction of sanitary sewers serving the improved
property, the owner shall, within 30 days after notice by the Township,
connect all sewage facilities servicing the site into the sanitary
sewer line and pay any and all fees or costs connected with said connection.
Prior service of the realty by a holding tank shall not be construed
to relieve the realty or the owner or lessee from payment of any assessed
benefits to the realty benefited by the construction of sanitary sewers.
J.
Upon completion of the tap-in of any holding tank
site into the sanitary sewer system or upon the expiration of 30 days
from the notice, whichever is sooner, the owner and/or the lessee
shall collect, transport, and dispose of the contents of any holding
tank, and shall remove the holding tank from the site. In the proper
case or circumstance, the Zoning Officer may give written consent
to the owner and/or lessee to fill the holding tank with sand in lieu
of removal.
K.
The owner and the lessee, severally and jointly, of
an improved property that utilizes holding tanks shall permit only
Kilbuck Township, or an agent as approved by Kilbuck Township, to
conduct an annual inspection of the holding tank(s). The annual inspection
of the holding tank(s) shall be done at the cost of the owner and/or
the lessee; provided, however, if in the opinion of the Zoning Officer
the owner and/or lessee has neglected or failed to inspect the holding
tank on an annual basis, the Zoning Officer is authorized to engage
a qualified person to inspect the holding tank. The cost of such inspection
shall be billed to the owner and/or lessee, jointly or severally.
The Zoning Officer must be present during the annual inspection, and
a written report of the inspection results must be submitted to Kilbuck
Township within 10 days of the date of the inspection.
Prior to any installation of any holding tank
or issuance of a holding tank permit by the Zoning Officer, the owner,
lessee, or person making actual installation of the holding tank,
shall submit in writing to the Zoning Officer, at least two weeks
prior to the intended installation, the following data:
A.
The type of holding tank intending to be installed
together with the size and capacity of said tank.
B.
The useful life of said tank.
C.
A certification from the manufacturer or any other
qualified person that said tank shall not leak its contents during
useful life of said tank.
D.
The method of installation and the person hired to
do said installation. However, upon review of the application by the
Zoning Officer, after consultation with the Township Engineer, the
Zoning Officer shall make a determination that the proposed tank,
quantity and size, and installation methods are consistent with the
rules and regulations of the Township regulating this matter, the
rules and regulations of the Commonwealth of Pennsylvania, the County
of Allegheny or any other governmental agency regulating these matters.
If the Zoning Officer approves the application for installation, upon
payment of the required fee, the Zoning Officer shall issue the holding
tank permit. If Zoning Officer disapproves of the tank, he shall set
forth, in writing, the causes and basis for his disapproval.
Any applicant or affected person may, within
10 days of a decision of the Zoning Officer, appeal such decision
to the Kilbuck Township Board of Supervisors for review. The requested
review shall be conducted during a regularly scheduled meeting. The
Board of Supervisors may affirm, reverse, or modify the findings of
the Zoning Officer. Any person adversely affected by a decision of
the Board of Supervisors of Kilbuck Township may appeal to a court
of competent jurisdiction within 30 days of the date of the decision;
provided, however, that no such appeal from the decision of the Zoning
Officer or from the Kilbuck Township Board of Supervisors shall act
as a stay to any decisions rendered by the Zoning Officer or the Board
of Supervisors of Kilbuck Township.
In applying the provisions of this article,
they shall be interpreted to be the minimum requirements for the promotion
of the public health, safety, and general welfare. It is not intended
to interfere with, abrogate, or annul any other ordinance, rules,
regulations, or permits previously adopted or issued, except as amended
hereby, or with any other rules or regulations of any other administrative
agency having jurisdiction of this matter. Where this article imposes
greater restrictions upon the use of holding tanks, this article shall
control. It is the intent of the Board of Supervisors of Kilbuck Township
that the provisions of this article are severable. Should any section
or provisions of this article or subsequent amendments thereto be
declared by the courts to be unconstitutional or invalid for any reason,
such decision shall not affect the validity of this article as a whole
or the validity of any other section or provision of this article
other than the one so declared to be invalid.
Any person violating any of the provisions of
this article or aiding, abetting or assisting the violation thereof
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 less
than $300 nor 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.
In addition to any other remedies provided in
this article, any violation of this article shall constitute a nuisance
and may be abated by either seeking appropriate equitable legal relief
from a court of competent jurisdiction, or, when the Zoning Officer
as authorized by this article, requiring that affirmative steps be
taken to correct the condition by hiring contractors for the collection,
transportation, and disposal of the contents of said holding tank
or conducting an annual inspection, the costs incurred shall be imposed
on the owner of the property and the Solicitor of the Township of
Kilbuck is hereby authorized to lien said property for recovery of
costs and/or file action to recover said costs from the bonding company
of said owner or lessee. In addition, the Solicitor is hereby authorized
to file civil suit in a court of competent jurisdiction to recover
the costs.
