Township of Upper Burrell, PA
Westmoreland County
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[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:
AUTHORITY
Supervisors of Upper Burrell Township, Westmoreland County, Pennsylvania.
DEPARTMENT
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.
HOLDING TANK
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:
A. 
A toilet using chemicals that discharge to a holding tank.
B. 
A holding tank where sewage is conveyed to it by a water-carrying system.
C. 
A holding tank designed to receive sewage where water under pressure is not available.
IMPROVED PROPERTY
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.
MUNICIPALITY
Upper Burrell Township, Westmoreland County, Pennsylvania.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
PERSON
Any individual, partnership, company, association, corporation or other group or entity.
SEWAGE
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. 
All requests for holding tanks shall meet the official plan or revision requirements of the Pennsylvania Code.
B. 
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. 
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. 
Holding tank permits shall only be issued under the following circumstances:
(1) 
When the municipality or the Department determines that the use is necessary to abate a nuisance or public health hazard; or
(2) 
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) 
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. 
All holding tanks shall comply with the following requirements:
(1) 
A holding tank shall be constructed to meet the specifications of the Pennsylvania Code (relating to standards for septic tanks), as amended;
(2) 
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) 
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) 
The disposal of waste from a holding tank shall be at a site approved by the Department.
F. 
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. 
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. 
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. 
The Authority will receive, review and retain pumping receipts from permitted holding tanks.
C. 
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. 
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. 
Permit only the Authority or its agent to inspect holding tanks on an annual basis.
C. 
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.