[Ord. 94-235, 7/14/1994, § 1]
The purpose of this part is to establish requirements and procedures for the use and maintenance by permit only, of holding tanks designed to receive and retain sewage as an interim measure from property located in Cranberry Township, pending construction of permanent public sewage facilities. Further, it is declared that the purpose of this part is to establish such requirements and procedures for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of Cranberry Township.
[Ord. 94-235, 7/14/1994, § II; as amended by Ord. 2005-362, 12/15/2005]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this part shall be as follows:
- COMMUNITY SEWAGE SYSTEM
- A sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site.
- HOLDING TANK
- A water tight receptacle which receives and retains sewage conveyed by a water carrying system and is designed and constructed to facilitate the ultimate disposal of the sewage at another site.
- IMPROVED PROPERTY
- Any property within the Township upon which there is erected a structure intended for habitation or occupancy or use by human beings or animals from which structure sewage shall or may be discharged.
- INDIVIDUAL SEWAGE SYSTEM
- A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into waters of this commonwealth or by means or conveyance to another site for final disposal.
- The Township of Cranberry, Butler, County, Pennsylvania.
- Any person vested with ownership, legal or equitable, sole or partial, of any property located in Cranberry 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 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 recreational use.
- TOWNSHIP SEWAGE ENFORCEMENT OFFICER
- The person officially appointed by the Township of Cranberry Board of Supervisors to fulfill the functions ordained by the Township and all other applicable laws and regulations regarding the regulation of sewage collection and disposal.
[Ord. 94-235, 7/14/1994, § III]
The Municipality is hereby authorized and empowered to undertake within the Township, the establishment of control and methods of holding tank use, and the sewage disposal and sewage collection and transportation therefrom. The Municipality shall require that all holding tanks be installed, used, maintained only in conformity with permits for same issued by the Municipality in conformity herewith.
[Ord. 94-235, 7/14/1994, § IV; as amended by Ord. 2005-362, 12/15/2005]
The Municipality is hereby authorized and empowered to adopt such rules and regulations concerning holding tank use, and sewage disposal, collection, and transportation therefrom which it may deem necessary from time to time to effect the purposes herein.
All such rules and regulations adopted by the Municipality 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.
[Ord. 94-235, 7/14/1994, § V; as amended by Ord. 2005-362, 12/15/2005]
The Township shall have the right and power to fix, alter, change and collect rates, assessments, and other charges for holding tank use, and sewage disposal, collection, and transportation therefrom in the area served by its facilities at reasonable and uniform rates as authorized by applicable law.
[Ord. 94-235, 7/14/1994, § VI; as amended by Ord. 2005-362, 12/15/2005]
The Municipality shall be responsible for the following on all community sewage systems.
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 Municipality, and the disposal thereof shall be made only at such a site or sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania.
The Municipality will receive, review and retain pumping receipts from the permitted holding tanks.
The Municipality will receive and review and retain annual inspection reports for each permitted holding tank.
The Municipality will oversee the maintenance of the permitted holding tank in conformance with this or any ordinance of the Township, the provisions of any applicable law, and the rules and regulations of the Municipality and any administrative agency of the commonwealth.
The Municipality may enter into agreements with the owner of any improved property, proposing the use of holding tanks. Such agreement may contain conditions imposed on the owner by the Municipality with respect to construction, usage, payment of fees, posting of security, and maintenance of holding tank provided that the ultimate responsibility of maintenance of the holding tank is that of the owner of the tank(s) and further provided that such conditions are acceptable to the Municipality.
The owner of the individual sewage system shall be responsible for all activities associated with the individual sewage system and shall be in conformity with all rules and regulations of the Department of Environmental Protection and the Municipality.
[Ord. 94-235, 7/14/1994, § VII; as amended by Ord. 2005-362, 12/15/2005]
Prior to the construction or installation of a holding tank, the owner shall submit a required application for permit to the Township Sewage Enforcement Officer. The Township Sewage Enforcement Officer shall be authorized to issue a permit for a holding tank only upon the finding that all of the following conditions have been met:
All applications for construction and installation of holding tanks shall be made by the owner, and permits for the same shall only be issued to the owner.
Public sewage facilities shall be guaranteed through a financial security at the time of permit issuance and shall be constructed to the development site within two years of issuance of the permit, and that such will eliminate the need for the continued use of the holding tank. If the facilities are not competed within two years, the Municipality may at its sole discretion utilize the financial security to construct the facilities.
Ownership and maintenance for the holding tank is fully the responsibility of the owner.
The structures served by the holding tanks in the proposed development shall be a part of the public sewage system and subject to the payment of applicable rates to the Municipality.
The owner has sufficient resources (including financial resources) to ultimately construct the permanent sewage facilities to the development site within the time permitted for use of the holding tank.
The owner is exercising due diligence in the construction of the public facilities.
The construction of the holding tank(s) meet the requirements of the Department of Environmental Protection and more specifically 25 Pa.Code, Chapters 71, 72, and 73, as they relate to holding tanks.
The application is not in violation of any other statutes, ordinances, rules and regulations of the Commonwealth, Butler County, Cranberry Township, their agencies, departments and boards.
The maintenance and disposal of the sewage from the holding tank(s) meets the approval of the Municipality and the Pennsylvania Department of Environmental Protection.
The approval of the requested permit would be in the best interests of the health, safety and welfare of the inhabitants of Cranberry Township as determined by the Municipality.
[Ord. 94-235, 7/14/1994, § VIII; as amended by Ord. 2005-362, 12/15/2005]
Upon finding of the Township Sewage Enforcement Officer that any provision of this part has been violated; or that the terms of any issued permit have been violated; or that the use of the holding tank is creating a danger to the health, safety and welfare of the inhabitants of Cranberry Township or to the environment, the Township Sewage Enforcement Officer shall so notify the owner and the use of the holding tank(s) shall immediately cease and the owner shall take all steps required by the Municipality to remedy the use of the system or to remove it entirely.
If the owner fails to comply with the order of the Municipality, the Municipality shall have the right to contract for the proper disposal of any sewage, to abate any nuisance or danger to the health, safety and welfare of the inhabitants of the Township or to the environment and to remove the system. All costs of same incurred by the Municipality shall be chargeable to and paid by the owner.
[Ord. 94-235, 7/14/1994, § IX; as amended by Ord. 2005-362, 12/15/2005]
Any person, firm or corporation who shall violate any provision of this part, upon conviction thereof in an action brought before a district judge 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 part continues or each section of this part which shall be found to have been violated shall constitute a separate offense.
[Ord. 94-235, 7/14/1994, § X]
In addition to any other remedies provided in this part, any violation of any provision of this part shall constitute a nuisance and shall be abated by the Municipality by seeking appropriate equitable or legal relief from a court of competent jurisdiction.