[Adopted 4-7-1997 by Ord. No. 1-1997]
The purpose of this article is to establish procedures for the
use and maintenance of holding tanks designed to receive and retain
sewage from institutional, recreational 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 municipality.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
Supervisors of Upper Burrell Township, Westmoreland County,
Pennsylvania.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any other administrative agency of the Commonwealth
of Pennsylvania exercising jurisdiction over the subject matter of
this article.
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:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
Any institutional, recreational or commercial 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.
Upper Burrell Township, Westmoreland County, Pennsylvania.
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 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.
The Authority is hereby authorized and empowered to undertake
within the Township the control and methods of holding tank sewage
disposal and the collection and transportation thereof.
A.Â
All requests for holding tanks shall meet the official plan or revision
requirements of the Pennsylvania Code.
B.Â
The proposed disposal site and method of disposal for said holding
tank waste shall be approved by the Department in a manner consistent
with the Solid Waste Management Act[1] prior to the approval of the official plan or revisions
allowing the use of the holding tanks.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
C.Â
The applicant for a holding tank permit shall submit to the municipality
a contract for the collection and disposal of the holding tank contents
with a person, individual, corporation, partnership or other entity
that has been approved and meets the requirements of the Department.
Further, the applicant shall execute a written agreement with the
municipality assuming the responsibility of the collection and disposal
of the holding tank contents and shall further provide for the execution
of a bond to guarantee the adequate and timely removal of the contents
of said holding tank.
D.Â
Holding tank permits shall only be issued under the following circumstances:
(1)Â
When the municipality or the Department determines that the use is
necessary to abate a nuisance or public health hazard; or
(2)Â
When a holding tank is to be used for institutional, recreational
or commercial establishments with a sewage flow or 400 gallons per
day or less; provided, however, that in the event the daily sewage
flow exceeds 400 gallons per day, a holding tank will be permitted
provided that the applicant enters into an agreement with the municipality
agreeing to install a public sewer line to connect to the nearest
available public sewer line within 18 months of the date of the approval
of the holding tank permit. The aforesaid agreement shall be accompanied
by a completion guarantee, in a sum approved by the municipality,
guaranteeing completion of said sanitary sewer line in accordance
with the provisions hereof. The application for a holding tank permit
shall be accompanied by construction drawings indicating the location
of said line, the size of said line and any and all other information
required by the municipality with respect to said construction drawings.
The construction drawings shall be further accompanied by a cost estimate
to be reviewed by the Municipal Engineer for the purpose of establishing
the completion guarantee as set forth herein.
(3)Â
The failure of the applicant to construct the aforesaid sanitary
sewer line within 18 months from the date of approval for a permit
for a holding tank shall render said permit null and void. In the
event the holding tank permit is rendered null and void pursuant hereto,
no further sewage may be discharged into said system, and the owner
or applicant of said permit will cease and desist the use of said
holding tank.
E.Â
All holding tanks shall comply with the following requirements:
(1)Â
A holding tank shall be constructed to meet the specifications of
the Pennsylvania Code (relating to standards for septic tanks), as
amended;
(2)Â
The minimum capacity of a holding tank shall be 1,000 gallons or
a volume equal to the quantity of waste generated in three days, whichever
is larger;
(3)Â
The holding tank shall be equipped with a warning device to indicate
that the tank is filled to within 75% of its capacity. The warning
device shall create an audible and visual signal at a location frequented
by the responsible individual;
(4)Â
The disposal of waste from a holding tank shall be at a site approved
by the Department.
F.Â
The applicant shall post with the municipality, on a yearly basis,
financial security in the amount of that current year's contract
for the collection, transportation and disposal of the contents of
the holding tank to insure compliance with the terms and conditions
of this article and the rules and regulations adopted hereunder. Financial
security is defined as set forth in 53 P.S. § 10509(c) through
(e).
[Amended 4-5-1999 by Ord. No. 1-1999]
G.Â
The Authority is hereby authorized and empowered to adopt such additional
rules and regulations concerning sewage which it may deem necessary
from time to time to effect the purposes herein.
All such rules and regulations adopted by the Authority shall
be in conformity with the provisions herein, all other ordinances
of the municipality, all applicable laws, and all applicable rules
and regulations of administrative agencies of the Commonwealth of
Pennsylvania.
The Authority 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.
A.Â
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.
B.Â
The Authority will receive, review and retain pumping receipts from
permitted holding tanks.
C.Â
The Authority will complete and retain annual inspection reports
for each permitted tank.
The owner of an improved property that utilizes a holding tank
shall:
A.Â
Maintain the holding tank in conformance with this or any ordinance
of this municipality, the provisions of any applicable law, and the
rules and regulations of the Authority and the rules and regulations
of any administrative agency of the Commonwealth of Pennsylvania.
B.Â
Permit only the Authority or its agent to inspect holding tanks on
an annual basis.
C.Â
Permit only the Authority or its agent to collect, transport, and
dispose of the contents therein.
Any person who violates any provisions of § 258-13 above or any rules and regulations adopted by the Authority shall be subject to any and all appropriate civil procedures, fines and penalties in accordance with law.
In addition to any other remedies provided in this article, any violation of § 258-13 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
