[Adopted 9-5-1990 by Ord. No. 82]
The purpose of this article is to establish procedures for the use and maintenance of 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 this Township. It is specifically intended that such holding tanks be of a temporary nature and be permitted only when specifically approved by the Chadds Ford Sewer Authority as part of a plan providing a more permanent solution of disposal of sewage for a particular property.
[1]
Editor's Note: Former § 95-2, Definitions, was repealed 9-7-2016 by Ord. No. 145. See now Art. VI, Definitions.
The use of an interim or repair sewage holding tank may be permitted by the Authority providing the following minimum criteria are met:
A. 
The use is consistent with good land use and planning and with the spirit, purpose and intent of Chapter 135, Zoning.
B. 
The property is suitable for a holding tank and the use, if approved, will be susceptible to regulation or restriction by appropriate conditions and safeguards.
C. 
The proposed use of a holding tank will serve the best interests of the Township, the convenience of the community (where applicable), and the public health, safety and general welfare.
D. 
The use of an interim holding tank is part of the approved Township Act 537 Plan providing not only for the interim holding tank but also for the permanent sewage disposal system.
E. 
The use of a repair holding tank is employed only where there is no other suitable or acceptable method of sewage disposal and the use is approved annually by the Authority.
The Authority is authorized and empowered to establish within the Township the controls and methods for holding tank sewage disposal and its collection and transportation and in furtherance thereof:
A. 
It may adopt such rules and regulations concerning the operation of the holding tank and sewage disposal which it may deem necessary to effect the purposes herein.
B. 
As a condition to final subdivision and/or land development approval, the Authority shall require that the property owner deliver to the Township financial security, in an amount and form satisfactory to the Township, to secure completion of the installation of the permanent sewage disposal system, and that the delivery of this financial security shall take place prior to the commencement of any work at the site. The financial security shall be administered similar to the procedure as set forth in the Municipalities Planning Code[1] to the guarantee completion of the required improvements.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
All such rules and regulations adopted by the Authority shall be in conformity with the provisions herein, all other ordinances of the Township, all applicable laws, and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.
Any person desiring to own, construct, operate or maintain a new holding tank on lands within the Township shall file an application therefor on a form supplied by or satisfactory to the Authority, together with all plans and other materials necessary to demonstrate compliance with all of the requirements of this article and the design standards as defined herein. Upon approval by the Authority, the application shall be forwarded to the Township Sewage Enforcement Officer (SEO) (and/or DEP, if appropriate) who shall, if he finds the application, plans and approvals to be in accordance with this article, process the application in accordance with the Township regulations (and/or DEP, if appropriate) and, upon approval, shall issue appropriate permits.
A. 
The use of an interim holding tank is limited to the initial property owner to whom permissive use is granted, and the ownership of any property served by the holding tank may not be transferred without Authority approval where the permanent system is not otherwise available.
B. 
Where a repair holding tank is in use, a property owner must notify the Authority of any proposed change in ownership or use of the property and must obtain approval for the continued operation of the repair holding tank following the change.
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 Authority, 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. The Authority shall receive, review and retain all pumping receipts from and shall complete and retain annual inspection reports for each permitted holding tank.
The Authority shall have the right and power to fix, alter, charge and collect rates, assessments, and other charges at reasonable and uniform rates, as authorized by applicable laws.
The owner of an improved property that utilizes a holding tank shall:
A. 
Provide for the use of a holding tank only as an interim or repair receptacle for the disposal of sewage as part of an overall, more permanent sewage disposal plan.
B. 
Maintain the holding tank in conformance with this or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations adopted by the Authority and any administrative agency of the Commonwealth of Pennsylvania.
C. 
If the holding tank is installed for use other than a single-family dwelling, aerate and design the tank to maintain a minimum dissolved oxygen content of two milligrams per liter.
D. 
Permit only the Authority, its agent or such carrier as it may approve to collect, transport and dispose of the contents therein.
E. 
Submit to the Authority yearly an executed contract for the holding tank maintenance with an approved sewage disposal contractor.
F. 
At the time the permanent sanitary system is operational, remove and properly dispose of the tank or, with the permission of the Authority, incorporate the tank in the new system.
G. 
Submit to the Authority for its review and retention all pumping receipts from permitted holding tanks.
H. 
Permit the Authority and any authorized agent thereof to inspect holding tanks on an annual basis.
[Amended 12-14-2009 by Ord. No. 122]
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
In addition to any other remedies provided in this article, any violation of § 95-9 above shall constitute a nuisance and shall be abated by the Township or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
The provisions of this article shall be retroactive and applied to all existing holding tanks within the Township.