[Adopted 10-5-1993 by Ord. No. 5-93]
The purpose of this article is to establish
procedures for the planning, design, use, maintenance and financing
of holding tanks designed to receive and retain sewage, whether from
residential or commercial uses, and financial assurances for disposal
of sewage and implementation of adequate replacement sewers. 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 Washington 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:
RETAINING TANKA holding tank where sewage is conveyed to it by a water-carrying system.
Portable aboveground toilets.
Any property within the township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings 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
or other group or entity.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
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.
The Washington Township Council, Erie County, Pennsylvania.
The township is hereby authorized and empowered
to undertake the control and methods of holding tank design or construction
for use within the Township of Washington, installation, maintenance
and removal of holding tanks and sewage disposal and the collection
and transportation thereof.
The township is hereby authorized and empowered
to adopt such rules and regulations concerning sewage which it may
deem necessary from time to time to effect the purposes herein.
This article and all such rules and regulations
adopted by Township Council shall be in conformity with the provisions
herein, all other ordinances of the township and all applicable laws,
rules and regulations of the Commonwealth of Pennsylvania and in particular
the Department of Environmental Protection and the Environmental Quality
Board. Any conflict with Pennsylvania state law shall be resolved
in favor of the Pennsylvania state law.
No person shall install, use for sewage containment
or disposal, construct or occupy any building or structure for which
a holding tank is to be installed without first obtaining a permit
from the township pursuant to this article. No permit may be issued
by the township unless the following minimum requirements have been
met:
B.
Obtaining a permit for the holding tank from the Erie
County Department of Health or such successor local agency determined
by the Department of Environmental Protection pursuant to the Pennsylvania
Sewage Facilities Act of January 24, 1966, P.L. (1965) 1535, No. 537,
as amended.
C.
Evidence of the ability to design, implement and complete
the replacement of the holding tank by adequate sewerage services
in accordance with a schedule approved by the Department of Environmental
Protection.
D.
Submission to the township of bonding or such other
financial security and assurances satisfactory to the township in
its sole discretion to provide for the implementation of adequate
replacement sewerage services and to cover the cost of the maintenance
of the holding tank, including ultimate disposal of sewage until such
time as adequate replacement sewer services are available.
The requirements of § 105-15A, B and C do not apply to a temporary use of a holding tank for a recreational or other event of less than five days; provided, however, that the requirement of § 105-15D shall only apply to the extent that the financial security and assurance is provided for the maintenance of the holding tank and ultimate disposal of the sewage and removal of the holding tank; provided further that said holding tank shall not remain on the improved property for more than 10 days.
The Township Council shall have the right and
power to fix, alter, charge and collect rates, assessments and other
charges in the area served by its facilities at reasonable and uniform
rates as authorized by applicable law.
Any permit issued pursuant to this article, except those referred to in § 105-17, shall expire after two years following issuance. Any new permit will only be issued upon good cause shown and in compliance with this article and any amendments or successor ordinance.
The collection and transportation of all sewage
from any improved property utilizing a holding tank shall be done
solely by or under the direction and control of the township shall
elect and the disposal thereof shall be made only at such site or
sites as may be approved by the Pennsylvania Department of Environmental
Protection.
The owner of any improved property that utilizes
a holding tank shall:
A.
Maintain the holding tank in conformance with this
article or any other ordinance of this township, the provisions of
any applicable law and the rules and regulations of the township and
any agency of the Commonwealth of Pennsylvania and, specifically,
the Department of Environmental Protection.
B.
Permit only the township or anyone acting under the
direction of the township to collect, transport and dispose of the
contents of a holding tank.
[Amended 12-3-1996 by Ord. No. 7-96; 7-1-1997 by Ord. No. 3-97]
B.
Any person who violates any provisions of this article
shall, upon conviction thereof by summary proceeding, be required
to pay a criminal fine in the amount of $500 per violation and shall
be imprisoned to the extent allowed by law for the punishment of summary
offenses. Each day of violation shall be considered as a separate
offense.
In addition to any other remedy provided in
this article or any other law, any violation of this article or parts
thereof shall constitute a nuisance and may be abated by Washington
Township or its Council by seeking appropriate equitable or legal
relief from a court of competent jurisdiction.
