[HISTORY: Adopted by the Board of Supervisors
of the Township of Elizabeth as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-12-1994 by Ord. No. 1994-1]
This article shall be known and may be cited
as the "Elizabeth Township On-Lot Sewage Disposal System Ordinance."
A.
The Board of Supervisors recognizes that individual
on-lot sewage disposal systems constitute a valid and approved manner
of conserving the quality of the water and other natural resources
of the Township through proper treatment of wastes generated by development
within the Township. The use of individual on-lot sewage systems must
be regulated in accordance with the regulations promulgated by the
Department of Environmental Protection which pertain to the location
and permitted types of on-lot sewage disposal systems. In addition,
the Township has determined that should the on-lot sewage system installed
by a landowner fail, the water quality and other natural resources
of the Township may be polluted.
B.
It is especially of concern to the Board that such
pollution may occur when a system fails and there is no suitable area
on the lot for the installation of a replacement system. Therefore,
in order to protect the water quality and other natural resources
of the Township, thereby protecting the health and welfare of residents
and visitors, the Board of Supervisors desires to require that all
landowners provide and set aside areas for the installation of replacement
individual on-lot sewage disposal systems.
C.
It is the further intent of the Board of Supervisors
to ensure that on-lot sewage disposal systems are properly maintained.
Failure to maintain on-lot sewage disposal systems results in malfunctions
which in turn result in the pollution of the water quality and other
natural resources of the Township. On-lot sewage disposal systems
should be pumped out on a regular basis, and it is the responsibility
of all landowners to ensure such maintenance is performed. In order
to determine that the on-lot sewage disposal systems within the Township
are properly maintained, the Township shall require that all septage
haulers servicing on-lot sewage disposal systems within the Township
shall file manifests with the Township concerning such service. The
septage haulers shall also be required to report any malfunctioning
on-lot sewage disposal systems to the Township.
A certain document, three copies of which have
been and are presently on file in the office of the Secretary of the
Township of Elizabeth, being marked and designated as Chapters 71,
72 and 73 of Title 25 of the Pennsylvania Code, being promulgated
by the Department of Environmental Protection of the Commonwealth
of Pennsylvania, be and is hereby adopted as the sewage permit application
and installation procedure of the Township, and each and all of the
regulations contained in said chapters are hereby adopted by the Township,
except as modified by this article. It is the intent of the Board
of Supervisors to adopt all subsequent amendments and revisions to
said chapters as permitted by law and in accordance with the provisions
of 1 Pa.C.S.A. § 1937(a). If such an intent is found invalid
by a court of competent jurisdiction, it is the intent of the Board
to adopt said chapters as they existed on the effective date of this
article.
A.
Word usage. In the interpretation of this article,
the singular shall include the plural, and the masculine shall include
the feminine and the neuter.
B.
ACT
BOARD
COMMUNITY SEWAGE SYSTEM
DEPARTMENT
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
LAND DEVELOPMENT
LOT
MALFUNCTION
MANIFEST
OFFICIAL PLAN
PERMIT, INSTALLATION
PERSON
PLANNING MODULE FOR LAND DEVELOPMENT
REPLACEMENT LOCATION
SEPTAGE HAULER
SEWAGE
SEWAGE ENFORCEMENT OFFICER
SINGLE AND SEPARATE OWNERSHIP
SUBDIVISION
TOWNSHIP
Definitions. As used in this article, the following
terms shall have the meanings indicated:
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
The Board of Supervisors of the Township.
Any system, whether publicly or privately owned, for the
collection of sewage or industrial wastes of a liquid nature from
two or more lots and the treatment and/or disposal of the sewage or
industrial waste on one or more of the lots or at any other site and
which shall comply with all applicable regulations of the Department.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
[Amended 9-9-1996 by Ord. No. 1996-1]
Any system of piping, tanks or other facilities serving on
a single lot and collecting and disposing of sewage in whole or in
part into the soil and any waters of the Commonwealth of Pennsylvania
or by means of conveyance to another site for final disposition, and
which is located upon the lot which it serves.
A land development as defined in the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended
and reenacted, 53 P.S. § 10101 et seq.
A parcel of land used or intended to be used as a building
site or a separate parcel to be created as a result of approval of
a subdivision or land development application or a condominium unit.
The term "lot" shall include parcels equal to or greater than 10 acres
in size where the lot may be occupied by one or more persons or families.
The condition which occurs when an on-lot sewage disposal
system discharges sewage onto the surface of the ground, into groundwaters
of the commonwealth, into surface waters of the commonwealth, backs
up into the building connected to the on-lot sewage disposal system
or otherwise causes a nuisance hazard to the public health or pollution
of ground- or surface water or contamination of public or private
drinking water wells. An on-lot sewage disposal system shall be considered
to be malfunctioning if any of the conditions set forth in this definition
occur for any length of time during any period of the year.
A written report made to the Township by a septage hauler
providing service to an OLDS within the Township which, at a minimum,
contains the name and address of the septage hauler, the name of the
property owner, the address of the property upon which the OLDS is
located, a description of all services performed by the septage hauler,
the location at which any sewage or solids removed from the OLDS will
be disposed, a description of the condition of the OLDS, a statement
noting whether any malfunctions of the OLDS were observed and a statement
noting all maintenance or repairs to the OLDS performed.
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Township and approved by the Department
in accordance with the Act and with applicable Department regulations.
A permit issued by the Sewage Enforcement Officer after the
performance of tests to determine suitability to authorize the initial
installation of an OLDS or the repair, replacement or enlargement
of an existing OLDS.
Any individual, association, partnership, public or private
corporation, whether for profit or not-for-profit, trust, estate or
other legally recognized entity. Whenever the term "person" is used
in connection with any clause providing for the imposition of a fine
or penalty or the ordering of the action to comply with the terms
of this article, the term "person" shall include the members of an
association, partnership or firm and the officers of any public or
private corporation, whether for profit or not-for-profit.
A revision to the Township Official Plan submitted in connection
with the request for approval of a subdivision or land development
in accordance with Department regulations.
A location designated as the future location of an OLDS that
shall be installed should the OLDS installed or to be installed fail
or otherwise become inoperable and which shall meet all the regulations
of the Department and all applicable Township ordinances for an OLDS.
Any person licensed by the Lancaster County Solid Waste Management
Authority, the Department or other governmental agency to remove septage
or other solids from treatment tanks of individual on-lot sewage disposal
systems, holding tanks or privies within the Township.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substances being harmful or inimical
to the public health or to animals or aquatic life or to the use of
water for domestic water supply or for recreation or which constitutes
pollution under the Act of June 22, 1937, P.L. 1987, No. 394, known
as the "Clean Streams Law," as amended.[1]
The Sewage Enforcement Officer of the Township.
The ownership of a lot by one or more persons which ownership
is separate and distinct from that of any abutting or adjoining lot.
A subdivision as defined by the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended
and reenacted, 53 P.S. § 10101 et seq.
The Township of Elizabeth, Lancaster County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1
et seq.
An installation permit shall be obtained from
the Sewage Enforcement Officer in accordance with the Act, the regulations
of the Department and this article prior to the installation of any
OLDS. This requirement shall apply to all lots within the Township,
regardless of the size of the lot.
After the effective date of this article, no
requests for approvals of planning modules for land development and
no revisions or supplements to the Official Plan shall be granted
by the Board unless the applicant presents to the Board evidence that
each lot or lot to be created contains a suitable location for the
installation of an initial OLDS, except when such lots or lots to
be created are to be served by a community sewage system. The Sewage
Enforcement Officer shall perform or observe all tests required by
the Department and this article for the location of an OLDS to confirm
the suitability of the location.
After the effective date of this article, a
replacement location for an OLDS shall be required for all lots or
lots to be created which are not serviced or to be serviced by a community
sewage system or for which a valid installation permit for an OLDS
has not been issued. The replacement location provided shall comply
with the Act and with all regulations issued by the Department as
incorporated into this article concerning OLDS, including isolation
distances, and with the terms of this article and any other applicable
Township ordinances.
A.
Each person who shall apply for a permit under the Chapter 185, Zoning, or an installation permit for an OLDS or who shall request approval of a planning module for land development or the adoption of a revision or supplement to the Official Plan shall demonstrate to the satisfaction of the Sewage Enforcement Officer that a suitable area exists on the lot or on each lot to be created for an initial OLDS and for the replacement location. The Sewage Enforcement Officer shall perform or observe all tests required by this article for the location of any OLDS to confirm the suitability of the replacement location. Allowance of open land for the replacement location without testing performed or observed by the Sewage Enforcement Officer shall not constitute compliance with the requirements of this section.
B.
The location of the initial OLDS and the replacement
location as confirmed by the Sewage Enforcement Officer shall be identified
on the plot plans and diagrams submitted as a part of the permit application.
C.
If the application has been submitted as a part of
an application for subdivision or land development approval or as
part of a request that the Township approve a planning module for
land development or amend its Official Plan, the location of each
OLDS and each replacement location shall be notated upon the plans.
If the application is for subdivision or land development approval,
a note shall be added to the plans stating that no improvements shall
be constructed upon the replacement location, and the deed to each
lot created as a part of the subdivision or land development shall
contain language reflecting this limitation.
D.
Any revisions to a permit or plan affecting a replacement
location which previously has been approved pursuant to the provisions
of this article shall be approved by the Board or its authorized representative.
No permanent or temporary improvements of any
character other than the planting of trees, shrubs or other plant
matter shall be constructed upon the replacement location unless the
person who desires to construct such improvements shall demonstrate
to the satisfaction of the Sewage Enforcement Officer that an alternate
replacement location which complies with all applicable regulations
of the Department, this article and all other applicable Township
ordinances exists upon the lot. If such an alternate replacement location
shall be identified, the alternate replacement location may be considered
to be the replacement location required by this article and shall
be designated as the replacement location. The newly designated replacement
location shall thereafter be considered the replacement location for
the purposes of this article.
If any lot held in single and separate ownership as of the effective date of this article shall not contain land suitable for a replacement location, the applicant for a permit under the Chapter 185, Zoning, or an installation permit for an OLDS may request that the Board grant an exception to the requirement of providing a replacement location. The applicant for such an exception shall present credible evidence to the Board demonstrating that the lot was held in single and separate ownership on the effective date of this article; the size of the lot; the inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired; and the testing conducted to determine that the lot is not suitable to provide a replacement location. At all times the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exception from the terms of this article.
After the effective date of this article, no
requests for approvals of planning modules for land development and
no revisions or supplements to the Official Plan shall be considered
by the Board unless the applicant presents to the Board data sufficient
to determine the impact upon the environment of the proposed development.
This information shall be used by the Board in assessing the planning
module for the land development and any requested revision or supplement
to the Official Plan. Each applicant shall submit the following information
to the Board for review by the Board, the Township Engineer and such
other persons as the Board may determine:
A.
A location map showing the entire tract and its relation
to the surrounding area, drawn on a scale of 1,000 feet to the inch.
B.
Types of soils based upon the United States Department
of Agriculture Soil Survey for Lancaster County.
C.
Sufficient elevations and/or contours to determine
the general slope and natural drainage of the land. Contours shall
ordinarily be shown at intervals of five feet but may be at lesser
intervals in the case of relatively level tracts.
D.
Data to which contour elevations refer. Where practicable,
such data shall refer to known established elevations.
E.
The location of all existing floodplains, wetlands,
watercourses, railroads, areas of subsidence, wooded areas (marking
all wooded area to be cleared), bridges, culverts and other significant
natural features on the tract and with 200 feet of the tract.
F.
The location of all streets, adjoining tracts and
buildings within 200 feet of the tract.
G.
Plans for the treatment and disposal of sewage and
for the provision of a water supply.
H.
Location of all proposed land uses including residential
uses by types.
I.
Size and intensity of use data, including the number
of residential and commercial lots, lot sizes and the number and types
of dwelling units.
J.
Data relevant to the occurrence of flooding, subsidence,
land slides and other geological hazards within and adjacent to the
tract.
K.
A preliminary erosion and sedimentation control plan
pursuant to the rules and regulations of the Department.
L.
Where slopes in excess of 10% occur within the tract,
a preliminary grading plan indicating the general location and magnitude
of the proposed cuts and fills.
All persons who own a lot upon which an OLDS
is installed or who reside upon a lot on which an OLDS is installed
shall properly use and maintain such OLDS. Proper maintenance of an
OLDS shall include, at a minimum:
A.
Retention of a septage hauler to remove septage from
the tank of the OLDS at least once during each period of three calendar
years or whenever an inspection reveals that the treatment tank is
filled with solids in excess of 1/3 the liquid depth of the tank or
with scum in excess of 1/3 the liquid depth of the tank, whichever
shall require the more frequent removal. It is the responsibility
of the property owner to ensure that septage is removed from the tank
of the OLDS in accordance with the requirements of this section. No
person other than a septage hauler shall be permitted to remove septage
from the tank of an OLDS or to otherwise dispose of any septage or
any other substance within an OLDS.
(1)
After the effective date of this article, the Township
shall be divided into three sections. All property owners shall be
notified by the Township of the section to which the property is assigned.
(2)
Any OLDS installed upon a property which is located within Section 1 shall have septage removed from the tank of the OLDS within 12 months from the effective date of this article. Notwithstanding the foregoing, if a property owner can provide proof to the Township that such OLDS had septage removed from its tank within the twenty-four-month period preceding the effective date of this article, the OLDS will not have to have septage removed within 12 months from the effective date of this article, and the date of the removal of the septage shall be considered the date of initial maintenance for the purpose of Subsection A(5) herein.
(3)
Any OLDS installed upon a property which is located within Section 2 shall have septage removed from the tank of the OLDS within 24 months from the effective date of this article. Notwithstanding the foregoing, if a property owner can provide proof to the Township that such OLDS had septage removed from its tank within the twelve-month period preceding the effective date of this article, the OLDS will not have to have septage removed within 24 months from the effective date of this article, and the date of the removal of the septage shall be considered the date of initial maintenance for the purpose of Subsection A(5) herein.
(4)
Any OLDS installed upon a property which is located
within Section 3 shall have septage removed from the tank of the OLDS
within 36 months from the effective date of this article.
(5)
The date upon which any OLDS has septage removed in accordance with Subsections A(2) through A(4) herein shall be considered the date of initial maintenance. All OLDS shall have septage removed in accordance with this section within three years from the date of initial maintenance. The OLDS shall continue to have septage removed from the tank within three years from the date of the last removal of the septage as long as the OLDS continues to be used for sewage disposal.
(6)
For OLDS installed after the effective date of the
ordinance, the OLDS must have septage removed within three years from
the date of final inspection of the OLDS or, in the case of new construction,
if the property will not be occupied within one month from the date
of final inspection of the OLDS, within three years from the date
of the issuance of the certificate of use and occupancy by the Zoning
Officer. The OLDS shall continue to have septage removed from the
tank within three years from the date of the last removal of the septage
as long as the OLDS continues to be used for sewage disposal.
B.
Maintenance of surface contouring and other measures
consistent with the regulations of the Department to divert stormwater
away from the treatment facilities and absorption areas and to protect
the absorption areas from physical damage.
C.
Following any operation and maintenance recommendations
of the manufacturer of the OLDS.
D.
Eliminating all items which could interfere with functioning
of the OLDS from the waste stream deposited to the OLDS, including
but not limited to oils and grease, pesticides, paints and thinners
and disposable products, such as diapers.
E.
Any person performing required maintenance, including but not limited
to pumping of the OLDS, shall also inspect the OLDS. The person performing
such inspection shall inspect and note the condition of baffles in
all tanks and all compartments and shall check whether any malfunction
is observable. If baffles are in a deteriorated condition, the owner
is responsible to replace the baffles with sanitary tees. No permit
shall be required to replace deteriorated baffles with sanitary tees.
If the OLDS is a cesspool or drywell, the inspection shall include
the side walls of the cesspool or drywell; and if the side walls are
in need of cleaning, a septage hauler shall perform such cleaning.
[Added 10-12-2015 by Ord.
No. 2015-3]
Any person who owns a lot upon which an OLDS
is installed, any person who resides a lot upon which an OLDS is installed
and any septage hauler pumping out or otherwise maintaining an OLDS
shall report any malfunctioning of such OLDS to the Township. Such
report shall be made as soon as possible but in no case later than
three days after discovery of the malfunction.
[Added 10-12-2015 by Ord.
No. 2015-3]
Each septage hauler which desires to operate within the Township
shall register with the Township prior to commencing operations within
the Township. Each septage hauler shall register annually, and each
registration shall expire on the last business day of December of
a calendar year.
[Amended 10-12-2015 by Ord. No. 2015-3]
A.
Each septage hauler who performs maintenance upon an OLDS within
the Township, including but not limited to pumping out the OLDS, shall
ensure that, after maintenance and inspection of an OLDS, the septage
hauler files a manifest in the form provided by the Township with
the Township for each OLDS serviced within the Township and provides
the owner of the property on which the OLDS is located with a copy
of the manifest. The person performing the maintenance and inspection
shall sign the manifest.
B.
The owner of a lot on which an OLDS is located is responsible to
ensure that the septage hauler files a copy of the manifest with the
Township after maintenance and inspection of the OLDS and, in the
event the septage hauler fails or refuses to do so, shall file a copy
of the manifest with the Township.
C.
Each person who performs maintenance upon a community sewage system
within the Township shall ensure that, after maintenance of the community
sewage system, such person files a manifest with the Township for
the community sewage system serviced within the Township and provides
the owner of the community sewage system with a copy of the manifest.
[Amended 9-9-1996 by Ord. No. 1996-1]
A.
It shall be a violation of this article to commit
or permit any other person to commit any of the following acts:
(1)
To install, repair, modify or alter an individual
on-lot sewage disposal system or a community sewage system prior to
obtaining a permit or in a manner which violates the terms and conditions
of any permit.
(2)
To misuse or fail to maintain an individual on-lot
sewage disposal system or a community sewage system.
(3)
To fail to report a malfunctioning individual on-lot
sewage disposal system or community sewage system.
(4)
To fail to remedy a malfunctioning individual on-lot
sewage disposal system or community sewage system.
(5)
To construct any improvements upon, grade or take any other action which will render a replacement location unsuitable for installation of an individual on-lot sewage disposal system or community sewage system, unless the Sewage Enforcement Officer has approved an alternate replacement location in accordance with §§ 140-8 and 140-9 of this article.
(6)
To place false information on or omit relevant information
from an application for a permit.
(7)
To occupy or permit the occupancy of any structure
served by an individual on-lot sewage disposal system for which a
valid permit has not been obtained as required by this article.
(8)
To occupy or permit the occupancy of any structure
served by a community sewage system for which a valid permit has not
been obtained as required by this article.
(9)
To fail to comply with any other provision of this
article.
B.
It shall be a violation of this article for any septage hauler to
commit any of the following acts:
[Added 10-12-2015 by Ord.
No. 2015-3[1]]
(1)
To operate within the Township without having previously registered
with the Township.
(2)
To perform maintenance of an OLDS or a community sewage system without
completing a manifest and providing a copy of the manifest to the
owner of the lot on which the OLDS is located or the owner of the
community sewage system and to the Township.
(3)
To place any false statement on a manifest.
(4)
To dispose of materials removed from an OLDS or community sewage
system in any manner which violates DEP or LCSWMA regulations or applicable
laws.
[1]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection B as Subsection C.
C.
For each violation of the provisions of this article,
the owner, agent, lessee or contractor or any other person who commits,
takes part in or assists in any such violation shall be liable, upon
conviction thereof in a summary proceeding, to pay a fine of not less
than $200 nor more than $1,000 for each offense, together with the
costs of prosecution. Each day or portion thereof in which a violation
exists shall be considered a separate violation of this article, and
each section of this article which is violated shall be considered
a separate violation. In default of payment of such fine, such person
shall be liable to imprisonment for a period not exceeding 30 days.
[Amended 4-13-1998 by Ord. No. 1998-2]
In case any improvement is constructed or any
lot maintained in violation of this article, or any OLDS is not properly
maintained or the malfunction of any OLDS is not reported to the Township,
in addition to the other remedies provided by law, any appropriate
action or proceedings in equity may be instituted or taken to prevent
such unlawful construction of improvements or such unlawful maintenance
of such lot or the continued use of such OLDS.
[Amended 10-12-2015 by Ord. No. 2015-3]
A.
The following activities are hereby declared nuisances:
(1)
Construction of improvements on the replacement location. Such construction
renders the replacement location useless and therefore jeopardizes
the water quality and other natural resources of the Township. This
harm to the water quality and other natural resources of the Township
is a danger to the health, safety and welfare of the residents of
the Township and is hereby declared to be a nuisance and abatable
as such in accordance with the provisions of the Second Class Township
Code.
(2)
Installation, alteration or modification of an OLDS or community
sewage system without having obtained a permit as required by this
article and the regulations of the Department or, if a permit was
obtained, in a manner which violates the terms of the permit.
(3)
Failure to maintain an OLDS or community sewage system as required
by this article.
B.
All of these actions result in pollution of the waters of the commonwealth
and other natural resources of the Township and constitute a danger
to the health, safety and welfare of Township residents. The actual
expenses of the Township in the abatement of such nuisances plus a
penalty in the amount of 25% of such expenses shall be filed as a
municipal claim against the property.
Although this article is intended to provide
guidelines for the installation and maintenance of a replacement location
for OLDS, nothing contained herein shall be interpreted as a guarantee
or warranty to applicants or other Township residents that systems
installed under the provisions of this article will function as intended.
The Township assumes no responsibility for the location and/or maintenance
of OLDS within the Township.
Nothing in this article shall be construed to
affect any suit or proceeding pending in any court, or any rights
acquired or liability incurred, or any permit issued or approval granted
or any cause or causes of action arising prior to the enactment of
this article.
[Adopted 1-6-1997 by Ord. No. 1997-1]
This article shall be known as the "Elizabeth
Township Holding Tank Ordinance."
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 the Township
of Elizabeth.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
The Board of Supervisors of the Township of Elizabeth, Lancaster
County, Pennsylvania.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage where water under pressure or piped
wastewater is not available or where other methods of sewage disposal
cannot be used and is designed and constructed to facilitate the ultimate
disposal of the sewage at another site. The term "holding tank" shall
include, but not be limited to, the term "privy" as that term is used
in the regulations of the Department.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual, partnership, company, association, corporation,
trust or other group or entity and the officers of such corporation
and the members of such partnership.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health or to animal or aquatic life or to the use of
water for domestic water supply or for recreation or any substance
which constitutes pollution under the Clean Streams Law, 35 P.S. § 691.1
et seq.
The Sewage Enforcement Officer of the Township.
The Township of Elizabeth, Lancaster County, Pennsylvania.
The Board of Supervisors is hereby authorized
and empowered to undertake within the Township the control and methods
of holding tank use, sewage disposal and sewage collection and transportation
thereof.
The Board of Supervisors is hereby authorized
and empowered to adopt by resolution such rules and regulations concerning
sewage and to enter into such agreements as it may deem necessary
from time to time to effect the purposes herein.
All such rules and regulations adopted by the
Board of Supervisors shall be in conformity with the provisions herein,
all other ordinances of the Township and all applicable laws and applicable
rules and regulations of administrative agencies of the Commonwealth
of Pennsylvania. The Board of Supervisors hereby adopts the regulations
of the Department found in Title 25, Chapter 73, of the Pennsylvania
Code governing privies as the regulations governing the design, installation
and use of holding tanks within the Township.
The Board of Supervisors shall have the right
and power to fix, alter, charge and collect rates, assessments and
other charges relating to the use and maintenance of holding tanks
at reasonable and uniform rates as authorized by applicable law.
The collection and transportation of all sewage
from an improved property utilizing a holding tank shall be done solely
by or under the direction and control of the Board of Supervisors,
and the disposal thereof shall be made only at such site or sites
as may be approved by the Department.
A.
No person shall install or use a holding tank prior
to entering into an agreement with the Township concerning the maintenance
of the holding tank after installation, in a form acceptable to the
Township Solicitor, posting financial security to secure the maintenance
of the holding tank, if required by the Township, and obtaining a
permit authorizing such installation and use from the Sewage Enforcement
Officer.
B.
The property owner must show that site and soil suitability
testing of the lot has been conducted by the Sewage Enforcement Officer
and that the site meets the requirements of Title 25, Chapter 73,
Standards for Sewage Disposal Facilities, of the Pennsylvania Code,
for the ultimate sewage disposal by an approved on-lot system if water
under pressure or piped wastewater becomes available to the lot.
C.
At such time that water under pressure becomes available,
the property owner must remove the holding tank and replace the holding
tank with an approved on-lot system.
D.
(1)
A holding tank to be used on an isolated lot which
is one acre or larger and is not nor will not be served by water under
pressure in the future.
(2)
Temporary use of portable retention tanks where their
use is proposed at construction sites or at the sites of public gatherings
and entertainment.
(3)
Such other temporary or permanent uses of holding
tanks as may be authorized by the Department and the Township.
E.
Special conditions for holding tanks shall be incorporated
in the permit application and permit for the proposed use of a holding
tank.
F.
The Township shall be provided with the opportunity
to inspect the holding tank for proper operation, maintenance and
content disposal.
The owner of an improved property that utilizes
a holding tank shall:
A.
Maintain the holding tank in conformance with this
article or any ordinance of this Township, the provisions of any applicable
law and the rules and regulations of the Township and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Permit only the Township or its agent to collect,
transport and dispose of the contents therein.
C.
Abandon the holding tank consistent with applicable
public health and environmental standards and obtain a permit for
and install an approved on-lot system meeting the standards of Chapter
73 in the event that water under pressure becomes available to the
property or in the event that public sanitary sewer service is provided.
D.
Permit the Township to enter upon lands to inspect
the holding tank for proper operation, maintenance and contents disposal.
A.
It shall be a violation of this article to commit
or to permit any other person to commit any of the following acts:
(1)
To install, repair, modify or alter a holding tank
prior to obtaining a permit or in a manner which violates the terms
and conditions of any permit.
(2)
To misuse or fail to maintain a holding tank.
(3)
To collect, transport and dispose of the contents
of a holding tank or to permit any person to collect, transport or
dispose of the contents of a holding tank in violation of the conditions
of a permit, this article or the regulations of the Department.
(4)
To fail to abandon the holding tank consistent with
applicable Department standards if public sewer service becomes available.
(5)
To place false information on or omit relevant information
from an application for a permit.
(6)
To fail to comply with any other provision of this
article.
B.
For each violation of the provisions of this article,
the owner, agent or contractor performing construction upon a lot
where such violation shall exist, and/or the owner, agent, lessee
or contractor or any other person who commits, takes part in or assists
in any such violation, shall be liable upon conviction thereof in
a summary proceeding to pay a fine of not less than $200 nor more
than $1,000 for each offense, together with the costs of prosecution.
Each day or portion thereof which a violation exists shall be considered
a separate violation of this article, and each section of this article
which is violated shall be considered a separate violation. In default
of payment of such fine, such person shall be liable to imprisonment
for a period not exceeding 30 days.
In addition to any other remedies provided in
this article, any violation of this article shall constitute a nuisance
and shall be abated by the Township by either seeking appropriate
equitable or legal relief from a court of competent jurisdiction.
