[Amended 12-7-1999 by Ord. No. 99-7]
This article shall be knows as the "Lower Frederick Township Holding Tank Ordinance."
This article is authorized by the Pennsylvania Clean Streams Law, Act of 1937, June 22, P.L. 1987, as amended, 35 P.S. § 691.1 et seq.; the Pennsylvania Sewage Facilities Act, Act of 1966, Jan. 24, P.L. (1965) 1535, as amended, 35 P.S. § 750.1 et seq.; and by the applicable regulations of the Department of Environmental Protection including, specifically, 25 Pa. Code, Section 71.63.
The purpose of this article is to provide for the installation, maintenance, and removal of holding tanks; and to provide a means of assuring the proper security is provided to enable the Township of Lower Frederick to properly remove such tanks should the owner thereof default on his responsibilities and to establish penalties for violations of said article.
When used in this article, the following words shall have the meanings ascribed to them herein:
ACT 537
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq., also known as the "Pennsylvania Sewage Facilities Act."
BOARD
The Board of Supervisors of Lower Frederick Township, Montgomery County, Pennsylvania.
DEP
The Department of Environmental Protection of the Commonwealth of Pennsylvania.
HOLDING TANK
A tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
MCHD
The Montgomery County Health Department.
OFFICIAL SEWAGE FACILITY PLAN
The Lower Frederick Township Act 537 Sewage Facilities Plan as approved by the DEP.
PERSON
Any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, department, board, bureau, or agency of the commonwealth or other political subdivision, municipality, district, authority, or any other legal entity whatsoever recognized by law. Whenever used in any clause prescribing or imposing a penalty or imposing a fine or imprisonment, the term "person" shall include the members of an association, partnership or firm and the officers of any local agency or municipality, public or private corporation whether for profit or not for profit.
RETAINING TANK
A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site.
SEWAGE
A substance that contains the waste products or excrement or other discharge from the bodies of human beings and noxious or deleterious substances 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 which constitutes pollution under the Pennsylvania Clean Streams Law.[1]
SEWAGE ENFORCEMENT OFFICER (SEO)
The SEO is an official appointed by Lower Frederick Township or assigned by the Montgomery County Health Department (MCHD) who issues permits, reviews permit applications, sewage facilities planning modules, and conducts investigations and inspections necessary to implement the Sewage Facilities Act and the regulations thereunder.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
The provisions of this article shall apply to all persons owning any property within Lower Frederick Township serviced by a holding tank for the first time after the effective date of this article and to all persons within Lower Frederick Township installing, repairing, altering, or removing a holding tank. This article shall not apply to existing holding tanks lawfully in use at the time of the enactment of this article.
A. 
Holding tank permits may only be issued by the SEO for:
(1) 
Institutional, recreational, or commercial establishments and which have a sewage flow of 800 gallons per day or less; or
(2) 
When the SEO has certified that an existing residential system has failed and that the site is unsuitable for any replacement system so that a holding tank is necessary to remedy the existing system failure or abate a nuisance or public health hazard; or
(3) 
When the property will be connected to a community sewage system within one year of the installation of the holding tank so that said holding tank will be for a temporary measure only. If connection does not occur within one year, the permit may be extended by the SEO, upon approval by the Board, for an additional one-year period. In no case shall the permit be extended more than three times.
B. 
A permit for a temporary residential holding tank may be issued by the SEO for a period of up to one year, upon Board approval that there are unusual circumstances which make it impractical on a temporary basis for the owner to connect to the permanent approved system to be constructed.
All permits issued by the SEO shall meet the following requirements:
A. 
No person shall install, construct, or alter a holding tank system without first obtaining a permit indicating that the site and the plans and specifications of such system are in compliance with the provisions, standards, and regulations adopted pursuant to Act 537.
B. 
No holding tank shall be covered from view until approval to cover the same has been given by the SEO. If 72 hours have elapsed, excepting Sundays and holidays, since the SEO received notification of completion of construction, the applicant may cover said system or structure unless permission has been specifically refused by the SEO.
C. 
The holding tank permittee shall notify the Township's SEO of the scheduled construction of the holding tank so that inspections in addition to the final inspection required by Act 537 may be scheduled and performed by the SEO.
D. 
No zoning permit, building permit or occupancy permit shall be issued by Lower Frederick Township or its designated Zoning Officer for a building which will contain a holding tank until a valid permit under this article and Act 537 has been obtained from the SEO.
E. 
No zoning, building, or occupancy permit shall be issued and no work shall begin on any alteration or conversion of any existing structure if served by a holding tank if said alteration or conversion will result in an increase or potential increase in sewage flows from the structure until the structure's owner receives from the SEO either a permit for alteration of replacement of the existing holding tank or written notification that such a permit will not be required. The SEO shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
F. 
No building or occupancy permit shall be issued for any structure to be served by a holding tank until the owner of said structure has entered into an agreement and provided the security required under this article.
The SEO shall have the right to conduct inspections of holding tanks as follows:
A. 
The SEO may conduct, at a minimum, an annual inspection of each holding tank within the Township and prepare a written inspection report, one copy of which shall be delivered to the owner of the property and one copy shall be retained by the SEO.
B. 
In addition to required yearly inspections, any holding tank may be inspected by the SEO or a designated Township official at any reasonable time.
C. 
All inspections may include a physical tour of property, the taking of samples from surface water, wells, other groundwater sources, the sampling of the contents of the holding tank itself and/or the introduction of a traceable substance into the interior plumbing of the structure served to ascertain the path and ultimate destination of wastewater generated in the structure.
D. 
The SEO shall have the right to enter upon all land for the purpose of inspections described above.
Only normal domestic wastes shall be discharged into any holding tank. The following shall not be discharged into a holding tank system:
A. 
Industrial waste.
B. 
Automobile oil and/or other nondomestic oil.
C. 
Toxic and/or hazardous substances and/or chemicals, including but not limited to pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and/or other solvents.
D. 
Surface or ground water, including water from roof and/or cellar drains, springs, basement sump pumps and/or trench drains.
Every owner of a lot with a holding tank shall have the following duties of maintenance:
A. 
Any person owning a lot served by a holding tank shall have said holding tank shall have said holding tank pumped by a qualified pumper/hauler at least once every year. The person must submit documentation to both Lower Frederick and the SEO illustrating that the holding tank has been pumped according to this requirement. This required pumping frequency may be increased at the discretion of the SEO based upon the officer's inspection of the holding tank.
B. 
Any person owning a lot served by a holding tank shall have said holding tank pumped by a qualified pumper/hauler when the tank is filled to within 75% of tank capacity. The holding tank shall be equipped with a warning device that creates an audible and visual signal when the tank reaches 75% of capacity. The warning device shall be placed in a location frequented by the property owner or tenants.
C. 
Any person owning property served by a holding tank shall submit, with each required pumping receipt, a written statement, from the pumper/hauler or from any other qualified individual acceptable to the Township, that the tank has been found to be in good working order. Any person whose tank has been determined to require repair or replacement shall first contact the SEO for approval of the necessary repair.
D. 
In the event that the person who is the property owner of any property containing a holding tank has failed to submit the above-required receipts to Lower Frederick Township and the SEO evidencing that the tank has been pumped at the required frequency, the Township shall have the ability to have the tank pumped by a licensed pumper/hauler with the cost to be billed to the person owning the property upon which the tank is installed. In the event that said person refuses to pay said bill the Township may draw upon the security provided under this article to pay for said pumping, revoke any municipal permits issued in conjunction with and including the holding tank permit, and avail itself of any other remedy afforded the Township by law or statute.
A. 
No person shall operate a holding tank system and no building, zoning or occupancy permit shall be issued for the occupancy of any structure if said structure will be served by a holding tank system until said person has posted security as required under this article.
B. 
Said security shall consist of $3,000, to be placed in escrow.
C. 
In addition to financial security, a holding tank maintenance agreement shall be entered into by the person owning and/or installing said tank and Lower Frederick Township. Said agreement shall be prepared by the Township Solicitor.
D. 
Said agreement and escrow shall permit the Township to draw upon said escrow in order to undertake required maintenance which the owner of the holding tank has not undertaken including pumping the holding tank, other maintenance and/or repairs, and the removal of said holding tank.
A. 
No person shall operate and maintain a holding tank in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry wastes and water softener backwash shall be discharged to a tank. No holding tank shall discharge untreated or partially treated sewage to the surface of the ground or into the waters of the commonwealth unless a permit to discharge has been obtained from DEP.
B. 
The Township may issue a written notice of violation to any person who is the owner of property in the Township which is found to be served by a malfunctioning holding tank or which is discharging raw or partially treated sewage without a permit.
C. 
Within seven days of notification by the Township that a malfunction has been identified, the property owner shall make application to the SEO for a permit to repair or replace the malfunctioning tank. Within 30 days of issuance of the permit, construction of the permitted repair or replacement shall commence. Within 60 days of the issuance of a permit by the Township, the construction shall be completed unless the Township shall extend the period.
D. 
Failure to apply for a permit or to complete the repair or replacement within the times specified in Subsection C shall constitute a violation of this article.
E. 
The Township's SEO shall have the authority to require the repair of any malfunction by the following methods: cleaning, repair or replacement of components of the existing system, adding capacity or otherwise altering or replacing the system's treatment tank, or other alternatives as appropriate for the specific site.
F. 
In lieu of, or in combination with, the remedies described in Subsection E above, the SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water using devices and appliances in the structure may be required to be retrofitted with water saving appurtenances or they may be required to be replaced by water conserving devices and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served.
G. 
Should none of the remedies described above prove totally effective in eliminating the malfunction of any existing holding tank, the property owner is not absolved of responsibility for that malfunction. The Township may require whatever action is necessary to lessen or mitigate the malfunction to the extent that such is necessary.
H. 
Failure of the landowner to take the actions required in this § 123-61 relating to malfunctioning systems shall constitute a public nuisance and a violation of this article.
I. 
Should the remedies provided above not prove effective in eliminating the malfunction of any existing holding tank, the Township shall have the remedy of requiring the property owner to remove said system. Should the property owner refuse to remove said system then the Township shall have the ability to accomplish the removal drawing upon the funds provided under the security agreement entered into between the property owner and the Township.
The Board of Supervisors shall establish by resolution a schedule of fees. Costs for the completion of required water quality testing and Township SEO inspections shall be assessed to the property owner. It shall be each individual property owner's responsibility to contract with a qualified pumper/hauler for the pumping of the owner's holding tank.
Where a property owner or other person fails to maintain, repair or replace a holding tank system after notice pursuant to the terms of this article, such failure shall constitute a public nuisance and a violation of this article. The Township may abate the nuisance by performing the work needed, or by contracting to perform the work needed to abate the nuisance, and may charge the landowner or other responsible person for the cost thereof plus a penalty of 20%. Said cost plus penalty may be collected by civil action or by the filing of a lien according to law. Such costs, plus penalty, may also be drawn from the financial security provided for in this article and posted in accordance with the holding tank maintenance agreement.
The contents of holding tanks shall be disposed of as follows:
A. 
The contents of all holding tanks originating within the Township shall be disposed of at sites or facilities approved and permitted by DEP. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farm lands.
B. 
Pumper/haulers operating within the Township shall operate in a manner consistent with the provisions of the Act of July 28, 1988, P.L. 556, No. 101, as amended, 53 P.S. 4000.101 et seq., known as the "Municipal Waste Planning, Recycling and Waste Reduction Act."
Nothing contained in this article is intended to regulate any existing or future agricultural activities conducted in the Township.
The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article.
Any person aggrieved by any notice, action, or determination may appeal to the Board within 30 days in writing and pursuant to the Act of 1978, April 28, P.L. 202, No. 53, as amended, 2 Pa.C.S.A. §§ 105 and 551 et seq., known as the "Local Agency Law."
[Amended 10-4-2005 by Ord. No. 05-09]
Any person who shall violate any of the provisions of this article, or who shall fail to act upon notice or determination of the SEO or other authorized agent of the Township within the time stated in the notice on determination, 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 $100 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 chapter that is violated shall also constitute a separate offense. It is further provided as follows:
A. 
Failure to appeal a notice or determination pursuant to § 123-67 and the Local Agency Law shall constitute an admission of the violation and a failure to utilize administrative remedies.
B. 
This article constitutes an ordinance enacted for the purposes of property maintenance, public health and safety, and for water and air pollution violations, for the purposes of 53 P.S. § 66601.
C. 
In addition to all other remedies, the Township may institute suits in equity to restrain or prevent violations of this article, or to abate public nuisances.
D. 
The Township may file municipal liens for abatement of nuisances in accordance with Pennsylvania law.
E. 
The Township may revoke any zoning permit, building permit and/or occupancy permit which was issued in conjunction with and including the holding tank permit.