The purpose of this article is to establish
procedures for the use and maintenance of 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 West Deer Township.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
BOARD
The West Deer Township Board of Supervisors.
HOLDING TANK
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Also included in this definition is "retention
tank," which is a holding tank system where sewage is conveyed to
said tank by a water-carrying system. The use of the word "holding
tank" in this article refers to a "low-flow holding tank" as defined
by the Department of Environmental Protection.
IMPROVED PROPERTY
Any property within the 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.
LESSEE
Any person who has a leasehold interest in any realty within
the Township, whether the original lessee or a subtenant.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located within the Township.
PERSON
Any individual, partnership, company association, corporation
or any other group or entity.
SEWAGE
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
water consumption, supply or recreation.
The Board of Supervisors of the Township of
West Deer 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 collection thereof;
and the Board 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 the Board by
resolution, provided that:
A. All such rules and regulations adopted by the Board
shall be in conformity with all applicable laws and applicable rules
and regulations of administrative agencies of the Commonwealth of
Pennsylvania.
B. 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 an administrative agency
authorized by applicable law to enact said rules and regulations.
Any applicant or affected person may, within
10 days of a decision of the Zoning Officer, appeal such decision
to the Board of Supervisors for a review. Based upon applicable rules
and regulations of the Township, Allegheny County and the Commonwealth
of Pennsylvania, the Board of Supervisors may affirm or reverse or
modify the findings of the Zoning Officer. Any person adversely affected
by a decision of the Board 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
Board shall act as a stay to any decisions rendered by the Zoning
Officer or the Board.
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, rule, regulation
or permit 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, then this article
shall control.