[Ord. 11/1/1990, § 1]
This Part shall be known as the "Hopewell Township Holding Tank
Ordinance."
[Ord. 11/1/1990, § 2]
It shall be unlawful for any person, firm, association or corporation
to erect, construct or install any holding tank of any kind within
the limits of Hopewell Township or to permit to be erected, constructed
or installed on property owned by him any holding tank within the
limits of Hopewell Township unless such person, firm, association
or corporation has a permit for such holding tank issued pursuant
to this Part and unless all provisions of such permit, all the requirements
of this Part and all the requirements of the Pennsylvania Sewage Facilities
Act, 35 P.S. § 750.1 et seq., and the regulations issued
pursuant thereto respecting the erection, construction, installation
and use of the holding tank have been complied with.
[Ord. 11/1/1990, § 3]
1.
For purposes of this Part, "holding tank" shall be construed to mean
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:
[Ord. 11/1/1990, § 4; as amended by Ord. 1997-2,
2/6/1997, § 1]
1.
All applications for a permit under this Part shall be made to the
Hopewell Township Sewage Enforcement Officer. The application for
a permit for a holding tank shall be signed by the owner or owners
of the property on which the holding tank is to be located and shall
include a statement as to who has been contracted to be responsible
for the removal of the material to be placed in the holding tank and
the place where such material is to be ultimately deposited. The applicant
shall submit with the application an agreement executed on forms supplied
by the Sewage Enforcement Officer signed by the individual, firm or
corporation which is to be responsible for the removal of the contents
of the holding tank and by the individual, firm or corporation which
is to be the ultimate point of disposition of the contents of the
holding tank agreeing that they will remove and accept such materials
as may be deposited in the holding tank during such period as the
holding tank continues to be located on the premises of the applicant.
2.
The contents of the holding tank shall be removed, at the latest,
when the holding tank has been filled to 75% capacity by the individual,
firm or corporation responsible for the removal of the contents. It
shall be the responsibility of the owner or owners of the property
on which the holding tank is located to deliver to, or cause to be
delivered to, the Sewage Enforcement Officer within five days, receipts
which verify the collection and disposal of the contents of a permitted
holding tank. Said receipts shall be retained by both the Sewage Enforcement
Officer and the owner of the property for a period of five years.
The Sewage Enforcement Officer shall advise the owner of any problems
with those receipts, or any corrections that need to be made to them.
[Ord. 11/1/1990, § 5; as amended by Ord. 2011-5,
9/1/2011, § 1]
1.
Permits pursuant to this Part may be issued by the Sewage Enforcement Officer only when proper application is made meeting the requirements of § 18-204 hereof, the fees required pursuant to § 18-212 are paid and the amounts required by § 18-213 to be paid into the escrow fund are paid and the application meets the criteria of either Subsection 1A or B of this section.
A.
The permit is for temporary use at a construction site or a place
of public gathering or entertainment and will be for a period of not
more than 90 consecutive days. A permit issued pursuant to this section
may not be renewed, nor may a new permit be issued to locate a holding
tank on the same tract of land for which a permit was previously issued
without at least six months having expired between the date of removal
of the previously permitted holding tank and the date of application
for another holding tank.
(1)
Notwithstanding the provisions of Subsection 1A, for public facilities owned or operated by a municipality, any of its agencies, authorities or boards, a school district, a county agency or board, or other state, county, or municipal authority, a permitted temporary use shall be any use that is for a period of no more than 11 months, so long as the holding tank is removed from the site for a period of at least 30 consecutive days. In the event that the public entity has more than one holding tank on any site, then this provision is met so long as each holding tank is removed for 30 consecutive days, and is not replaced during that time period.
B.
For other than temporary use under Subsection 1A of this section, when all three of the following circumstances are present:
(1)
The permit is for use in connection with an existing dwelling
or place of business which the Sewage Enforcement Officer finds cannot
be properly served by an on-site sewage disposal system within the
requirements of the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1
et seq., and the regulations issued pursuant thereto.
(2)
The dwelling or place of business was not originally constructed
or placed in violation of the Building Permit Code or other Township
ordinance.
(3)
The proposed holding tank will be located at such a place where
there will be suitable access for the vehicle necessary to remove
the contents of the holding tank when required.
[Ord. 11/1/1990, § 6; as amended by Ord. 2011-5,
9/1/2011, § 2]
No "retention tank" with a capacity of less than 4,000 gallons
shall be permitted.
[Ord. 11/1/1990, § 7]
All "retention tanks" shall be built of concrete, shall be watertight,
and must be installed in a manner which insures that they will not
float when empty due to hydraulic action of groundwater and/or stormwater
runoff.
[Ord. 11/1/1990, § 8]
No "retention tank" may be used unless "water saver" fixtures
are first installed.
[Ord. 11/1/1990, § 9]
No "retention tank" may be installed unless it is equipped with
a sound alarm system which will give warning when the tank is filled
to 75% of capacity and will automatically shut off the property's
water supply system when filled to 90% of capacity. It shall be a
violation of this Part for there to be present on any property a "retention
tank" if the sound alarm and/or automatic water supply shut off has
been tampered with or rendered inoperative. In the event the Sewage
Enforcement Officer finds that either the sound alarm system or automatic
shut off on any "retention tank" has been tampered with or rendered
inoperative, he shall revoke the permit issued pursuant to this Part
and all amounts remaining in the escrow fund after payment of the
inspection fee and payment of the cost of removal of the contents
of the holding tank, shall be forfeited to the Township. The holding
tank shall be removed within 10 days from the date of the revocation
of the permit issued pursuant to this Part.
[Ord. 11/1/1990, § 10; as amended by Ord. 2016-1,
1/4/2016]
1.
No application shall be approved unless both the individual, firm
or corporation designated as being responsible for the removal of
the contents of the holding tank and the individual, firm or corporation
designated as being the owners of the ultimate disposal site for the
contents of the holding tank shall be approved by both the Township
and by the Pennsylvania Department of Environmental Protection. The
Township may reject the individual, firm or corporation designated
as being the ultimate recipient of such contents for any reasonable
cause including but not limited to the following:
A.
Such individual, firm or corporation has not been approved by the
Pennsylvania Department of Environmental Protection.
B.
Such individual, firm or corporation in the past has failed to remove
contents from a holding tank on a timely basis after being notified
to do so.
C.
Such individual, firm or corporation has in the past failed to deposit
contents of a holding tank in the approved disposal facility for such
contents.
D.
Such individual, firm or corporation has in the past deposited septic
tank effluent or other such material in locations other than those
approved by the Pennsylvania Department of Environmental Protection
such as in the woods or in a stream or in a field except in a manner
specifically approved by the Pennsylvania Department of Environmental
Protection.
[Ord. 11/1/1990, § 11; as amended by Ord. 2016-1,
1/4/2016]
1.
The holder of a permit issued pursuant to this Part shall:
A.
Install, erect or construct only such holding tank as shall be in
compliance with the regulations of the Department of Environmental
Protection of the Commonwealth of Pennsylvania issued pursuant to
the Sewage Facilities Act, 35 P.S. § 750.1 et seq.
B.
Notify the individual, firm or corporation designated in the application
as the individual, firm or corporation responsible for the removal
of holding tank contents at such time that the tank is filled to within
75% of capacity.
C.
Permit only the individual, firm or corporation designated in the
application to remove holding tank contents.
[Ord. 11/1/1990, § 12; as amended by Ord. 2016-1,
1/4/2016]
The applicant shall submit with the application a filing fee
in the amount as established, from time to time, by resolution by
the Board of Supervisors.
[Ord. 11/1/1990, § 13; as amended by Ord. 2016-1,
1/4/2016]
The applicant shall in addition submit to the Sewage Enforcement Officer the sum as established from time to time by resolution of the Board of Supervisors which shall be held in escrow by the Sewage Enforcement Officer. Any sums remaining in the escrow fund not deducted pursuant to the provisions of §§ 18-209 and 18-214 of this Part shall be returned to the applicant upon the removal of the holding tank.
[Ord. 11/1/1990, § 14; as amended by Ord. 1997-2,
2/6/1997, §§ 2 — 7; and by Ord. 2016-1, 1/4/2016]
1.
Following the issuance of a permit pursuant to this Part, the Sewage
Enforcement Officer shall inspect the holding tank at least annually.
In the event that the Sewage Enforcement Officer finds the holding
tank to be filled in excess of 75% of capacity, he shall deduct from
the escrow fund the sum as established from time to time by resolution
of the Board of Supervisors to be retained by him as an inspection
fee. In the event the Sewage Enforcement Officer finds that the holding
tank is filled to more than 85% of capacity, he shall promptly make
arrangements to have the contents of the holding tank removed and
shall pay the cost of such removal from the funds held in escrow.
In such event, the Sewage Enforcement Officer shall in addition revoke
the permit issued pursuant to this Part and all amounts remaining
in the escrow fund after payment of the inspection fee and payment
of the cost of removal of the contents of the holding tank shall be
forfeited to the Township. The holding tank shall be removed within
10 days from the date of the revocation of the permit issued pursuant
to this Part.
2.
Any person who applies for and receives a permit for the installation
of a holding tank shall be deemed to have consented to an annual inspection
of said tank and related facilities by the Sewage Enforcement Officer
or his designee at reasonable times without notice between the hours
of 8:00 a.m. and 8:00 p.m., or, if other than those hours, upon 48
hours' notice.
3.
Any person who applies for and receives a permit pursuant to this Part shall grant access to the Sewage Enforcement Officer or his designee to the property upon which the holding tank is located for the purpose of making inspections, upon the verbal request of said officer. To the extent that such visual inspections are located outside of a building, the permittee agrees that, by the filing of an application for a holding tank, the permittee has authorized the Sewage Enforcement Officer or his designee to enter onto the property for such inspection without need for further permission, consistent with Subsection 2 of this section.
4.
At the time that the Sewage Enforcement Officer or his designee inspects
the holding tank, he shall also have access, upon request, to documentation
that the tank has been cleaned in accordance with the terms hereof,
and the contents disposed of at a disposal site approved by DEP, to
the extent that such documentation has not previously been provided
to the Sewage Enforcement Office pursuant to this Part.
5.
The Sewage Enforcement Officer or his designee shall prepare an inspection
report each time he inspects a holding tank, and shall note in that
report any violations or deficiencies discovered. The Sewage Enforcement
Officer shall retain copies of said reports for a period of five years
from the date of the inspection.
6.
Failure of a permittee to permit access or inspection of the premises,
or to disposal receipts or documentation, or to pay necessary permit,
renewal or inspection fees, shall be grounds for the immediate revocation
of the permit by the Sewage Enforcement Officer.
[Ord. 11/1/1990, § 15; as amended by Ord. 2016-1,
1/4/2016]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and reasonable attorney fees incurred by the Township in the enforcement
proceeding and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated and each and every day that a holding
tank remains erected, constructed, or installed without a permit having
been issued or after a permit has been revoked shall constitute a
separate offense.
[Ord. 11/1/1990, § 16]
1.
No individual, firm, association or corporation which has been in
violation of any of the provisions of this Part shall subsequently
be issued a permit to erect, construct or install a holding tank until
the previous violation has been cured.
2.
For purposes of the interpretation of this section, the individual,
firm, association or corporation applying for a permit, hereinafter
referred to as "applicant," shall be considered the identical individual,
firm, association or corporation as the one in violation, hereinafter
referred to as "violator," if at least 20% of the ownership equity
in both the "applicant" and the "violator" can be attributed to the
same individual, firm, association or corporation. For purposes of
this section, an individual, firm, association or corporation shall
have attributed to him:
A.
All of the equity, stock or partnership share owned by a corporation
in which he and his spouse own at least 50% of all of the outstanding
voting stock.
B.
With respect to a corporation in which he and his spouse own less
than 50% of the outstanding voting stock, the same percentage of the
ownership equity, stock or partnership share that the voting stock
owned by him and his spouse bears to the entire outstanding voting
stock of the corporation.
C.
All of the equity, as tenants in common, joint tenants or tenants
by the entireties, owned by him and his spouse.
D.
All of the equity owned by a partnership in which the value of the
partnership shares owned by him and his spouse is at least 50% of
the value of all of the partnership shares.
E.
With respect to a partnership in which the value of the partnership
shares owned by him and his spouse is less than 50% of all the partnership
shares, the same percentage of ownership equity which the value of
the partnership shares owned by him and his spouse bears to the value
of all the partnership shares.
[Ord. 11/1/1990, § 17]
It shall be the burden of the "applicant" to prove that the
applicant is not the same individual, firm, association or corporation
as the "violator."
[Ord. 11/1/1990, § 18]
For purposes of this section, "he" and "him" shall be interpreted
to refer to the masculine, the feminine and the neuter.
[Ord. 11/1/1990, § 20]
Notwithstanding any provision contained elsewhere in this Part to the contrary, a permit may be issued for a self-containing composting unit for use by a publicly owned and operated park or recreation facility. No escrow deposit pursuant to § 18-213 of this Part shall be required in connection with the application for such system.
