[Amended 4-12-2011 by Ord. No. 609]
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. 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 this Township.
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 Derry, Dauphin
County, Pennsylvania.
[Added 4-12-2011 by Ord.
No. 609]
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water-carrying system
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site.
[Amended 4-12-2011 by Ord. No. 609]
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,
or other group or entity.
[Added 4-12-2011 by Ord.
No. 609]
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 through 691.1001).
[Amended 4-12-2011 by Ord. No. 609]
The Township of Derry, Dauphin County, Pennsylvania.
[Amended 4-12-2011 by Ord. No. 609]
The agency 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 following rules and regulations shall apply
to the installation and maintenance of holding tanks within the Township
of Derry. The restrictions on the use of a holding tank shall be as
follows:
A.
Holding tanks may be used in lieu of on-site sewage
treatment facilities when all of the following specific conditions
are met:
(1)
An existing on-site sewage treatment facility has
malfunctioned, and the site does not qualify for a permit to make
necessary repairs.
(2)
The holding tank will meet the design standards set
forth in Title 25, Chapters 71 and 73 of the Pennsylvania Department
of Environmental Protection Rules and Regulations, adopted pursuant
to the Sewage Facilities Act, the Act of January 24, 1966, P.L. 1535,
No. 537, as amended, 35 P.S. § 750 et seq.
B.
Holding tanks may be used on a temporary basis, in
conjunction with new construction, to provide for interim sewage collection
in situations where public sewage collection and treatment facilities
are impending when all of the following specific conditions are met:
(1)
An agreement to provide permanent public sewage collection
and treatment service has been executed by the Derry Township Municipal
Authority and owner.
(2)
Sufficient performance security has been given to
Derry Township or the Derry Township Municipal Authority to guarantee
completion of the impending permanent sewage collection and treatment
facilities within a period of three years from start of building construction.
(3)
A Department of Environmental Protection, Bureau of
Water Quality Management, permit has been obtained to enable the installation
of the permanent collection and treatment facilities.
(4)
All necessary lands have been acquired by fee simple
title, right-of-way or other acceptable arrangement to insure installation
of collection and treatment facilities.
C.
Holding
tanks may be used for institutions, recreational vehicle dump stations,
or commercial establishments with a sewage flow of less than 800 gallons
per day, where public sewer connection is not otherwise required.
[Added 4-12-2011 by Ord.
No. 609]
D.
Any new
or existing holding tank shall be maintained in accordance with the
following:
[Added 4-12-2011 by Ord.
No. 609]
(1)
The
collection and transportation of all sewage from any improved property
utilizing a holding tank shall be done by a properly bonded and approved
septage hauler, and the disposal thereof shall be made only at such
site or sites as may be approved by the Department of Environmental
Protection of the Commonwealth of Pennsylvania.
(2)
The
agency will receive, review, and retain pumping receipts from permitted
holding tanks.
(3)
The
agency will complete and retain annual inspection reports for each
permitted holding tank as required by the Department of Environmental
Protection of the Commonwealth of Pennsylvania.
E.
The agency
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.
[Added 4-12-2011 by Ord.
No. 609]
[Amended 4-12-2011 by Ord. No. 609]
All such rules and regulations adopted by the
agency 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.
[Amended 4-12-2011 by Ord. No. 609]
The owner of, or responsible person acting for,
an improved property who either utilizes an existing holding tank,
or proposes to install a holding tank, shall:
A.
Obtain
a permit from the Township Building Official for permission to install
a holding tank.
B.
At the
time an installation permit application is submitted, or upon the
Township’s written request, provide the Township with a copy
of a contract between the owner and a person who has agreed to empty
the holding tank on a regular basis and dispose of the sewage. Said
contract shall specify the exact location and method of disposal of
the sewage.
C.
Maintain
any new or existing holding tank in conformance with this article
or any ordinance of the Township, the provisions of any applicable
law, and the rules and regulations of the Township and any administration
agency of the Commonwealth of Pennsylvania.
D.
Allow
the agency or its agent to inspect the holding tank on an annual basis.
E.
Engage
a septage hauler which is either permitted by the Derry Township Municipal
Authority to haul and dispose sewage at its site, or which is otherwise
disposing of sewage in compliance with the regulations of the Department
of Environmental Protection of the Commonwealth of Pennsylvania.
F.
In the
event that the agency shall determine that the condition of any such
holding tank requires maintenance, repair, or replacement, the agency
shall cause a written notice to be sent to the owner of the property
requiring said owner to effect such repair, maintenance, or replacement
of the holding tank as shall be required in the judgment of the agency
for the purpose of protecting the public, maintaining sanitary conditions
within the Township, and/or protecting the environment of the Township.
G.
Upon receipt of the notice required under Subsection F above, the owner shall perform the required maintenance, effect the required repair, or make the required replacement as the case may be within a period of 48 hours from the date of receipt of the notice, or within such other period as shall be authorized by the agency upon application of the offending property owner.
H.
Upon failure
of any property owner to make the necessary repairs, maintenance,
or replacement required by the notice provided for hereinabove within
the time fixed by this article, the Township, whether or not the property
owner has been prosecuted under the other provisions of this article,
is hereby authorized and empowered through its duly authorized agents,
servants, or employees to enter upon the premises and make the necessary
repairs, maintenance, or replacement and the expense thereof shall
be levied against the property and collected from the owner in the
manner provided for the collection of municipal liens. Any claims
entered against the owner shall be a lien upon the premises dating
from the time of the commencement of the work.
The granting of a permit to install a holding
tank shall not excuse the owner or is successors and assigns from
being required to connect to a sewer line when such facilities become
available to the improved property.
[Amended 3-14-2006 by Ord. No. 553]
Any person, firm or corporation who shall violate any provision of § 161-32 of this article, upon conviction thereof in an action brought before a district justice 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, 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 article continues, after notice by the Township in writing, or each section of this article which shall be found to have been violated shall constitute a separate offense.
[Amended 4-12-2011 by Ord. No. 609]
In addition to any other remedies provided in this article, any violation of § 161-32 above shall constitute a nuisance and may be abated by the municipality or the agency by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
[Added 4-12-2011 by Ord.
No. 609]
All ordinances or resolutions or parts thereof inconsistent
herewith in the Township of Derry, Dauphin County, Pennsylvania, are
hereby repealed.
[Added 4-12-2011 by Ord.
No. 609]
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality, or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections,
or parts of this article. It is hereby declared as the intent of the
Board of Supervisors of the Township of Derry that this article would
have been adopted if such unconstitutional, illegal, or invalid sentence,
clause, section, or part thereof had not been included herein.
