[Ord. 08-626, 3/11/2008; as amended by Ord. 10-654, 7/13/2010]
The intent of this Part 2 is to establish procedures for the
construction, use, maintenance, regulation and removal of holding
tanks designed to receive and retain sewage from certain institutional,
commercial and industrial uses; and it is hereby declared that this
Part 2 is necessary for the protection, benefit and preservation of
the health, safety and general welfare of the inhabitants of this
Township during the time that a ban on connections to the Township's
system, imposed by the Pennsylvania Department of Environmental Protection,
is in effect.
[Ord. 08-626, 3/11/2008]
1.
The following words, terms and phrases, as used in this Part 2, shall
have the following meanings given herein, unless the context specifically
and clearly indicates otherwise.
2.
BOARD
DEP
HOLDING TANK
A.
B.
C.
IMPROVED PROPERTY
OWNER
PERSON
SEWAGE
SHALL
TOWNSHIP
Words used in the singular include the plural; words used in the
plural include the singular; and words used in the present tense include
the future.
The Board of Commissioners of West Norriton Township, Montgomery
County, Pennsylvania.
The Commonwealth of Pennsylvania, Department of Environmental
Protection.
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 property located within the Township upon which there
is erected a commercial or industrial structure intended for continuous
or periodic occupancy or use by human beings or animals and from which
structure sewage shall or may be discharged and which ordinarily would
be served by public sanitary sewers, but for the ban on connection
to the Township system imposed by the DEP.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located within the Township.
Any person or persons, male or female, corporation, partnership,
association, company, individual, owner, occupant, lessee, tenant
or any organization.
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.
Is always mandatory.
The Township of West Norriton, County of Montgomery.
[Ord. 08-626, 3/11/2008; as amended by Ord. 10-654, 7/13/2010]
As the least satisfactory and most costly method of disposing
of sewage is by connection to a holding tank, holding tanks shall,
subject to approval of the DEP, be permitted only for public educational
institutions and commercial and industrial uses and shall be permitted
only during the period of the ban on connections to the Township system
imposed by the said DEP.
[Ord. 08-626, 3/11/2008]
Holding tanks require service and maintenance to prevent their
malfunction and overflow and shall be used only in lieu of treatment
tanks and subsurface absorption areas when:
[Ord. 08-626, 3/11/2008]
1.
The owner must assume full and complete responsibility for the proper collection and disposal of the contents of the holding tank. If the owner fails to empty the tank as required, the Township shall have a sewage hauler pump the tank and dispose of the contents thereof, charge the owner the actual cost thereof and charge an additional reasonable administrative fee. The remedies of the Township set forth herein are in addition to those set forth in § 18-213 hereof for the imposition of fines for violation of this § 18-205.
2.
Holding tank contents may be disposed of only at a DEP-approved sewage
treatment facility or other facility constructed to specifically receive
and treat waste from holding tanks which has been approved by the
said DEP.
3.
Reports shall be filed by the 10th day of each month, with the Township,
by the property owner, which reports shall set forth the dates when
the holding tank was emptied and the amount pumped on each date.
[Ord. 08-626, 3/11/2008]
1.
The applicant shall submit a letter to the Board requesting approval
to install a holding tank. Attached to said letter shall be:
A.
A copy of a letter from the Township Planning Commission approving
the plan subject to approval by the Board of the installation of a
holding tank;
B.
An engineering plan of the site showing the location of all buildings
to be erected thereon and the location of the holding tank;
C.
A copy of the holding tank design;
D.
Certification from a professional engineer estimating the monthly
amount of sewage generated in gallons and the estimated monthly costs
to the owner;
E.
A copy of a contract for maintenance of the holding tank by a disposal
agency approved by the Board. Said contract shall include but not
be limited to the name of the contractor, the method of maintenance,
the method of disposal, the frequency of inspection, and the ultimate
place of disposal. Such contract shall be required to remain in full
force and effect for the entire period of the operation of the system
and shall require routine pumping of the holding tank on a specified
period basis, as opposed to a random pumping. Failure by the owner
to renew such contract or submit proof of a contract with another
approved disposal agency shall constitute a violation of this Part
2. The said contract shall provide that the disposal agency shall
inspect the system a minimum of three times a year, each inspection
to be no sooner than three months from the last prior inspection;
and
F.
A copy of the contract between the property owner and the owner of
the facility into which the contents of the holding tank will ultimately
be discharged.
2.
Upon approval of the holding tank, the Board shall, by resolution,
request the DEP to amend the Township's Sewage Facilities Plan under
Act 537 to incorporate the use and location of the holding tank in
the Township's Official Sewage Plan.
3.
Any approval by the Board shall be contingent upon the owner entering
into an agreement with the Township wherein:
A.
The owner acknowledges and accepts his responsibility to empty the
holding tank as needed.
B.
The owner acknowledges and accepts that, when public sewers are available,
the owner will, within 60 days of receipt of the written request by
the Board, and acceptance of the connection by the Township, connect
to the Township's system.
C.
The owner agrees to escrow, prior to the entry of final approval
of the holding tank, an amount equal to the cost of removing the holding
tank; and, after the owner has connected with the Township's system,
such funds shall be used to so remove said system. The amount of this
escrow shall be determined by the Township Engineer, shall be paid
to the Township, and shall be reviewed each year by said engineer
to ensure sufficient monies are in escrow for such purpose.
D.
The owner acknowledges that a capital contribution to the Township
shall be required upon connection with the public system, in accordance
with the Township's resolution.
E.
The owner acknowledges that, prior to the issuance of any building permits, a performance bond must be posted with the Township in an amount equal to three years' contract price for sewage removal, which shall run for the entire period that the holding tank is to be in use. This bond shall be conditioned upon the owner maintaining the holding tank system in accordance with the provisions of this § 18-206.
4.
Upon completion of the foregoing, an application for the holding
tank shall be made to the DEP, and shall include the following:
A.
Form ER-BCE-128.
B.
A schedule for pumping of the holding tank.
C.
A signed and valid contract with a sewage disposal agency to pump
the holding tank system.
D.
A signed and valid contract by and between the owner and the agency
owning the facility into which the contents of the holding tank will
ultimately be discharged.
E.
A copy of the design of the holding tank.
F.
A letter from the Board:
(1)
Recommending approval of the holding tank application;
(2)
Accepting the responsibility for having the holding tank contents
pumped if the owner fails to do so; and
(3)
A copy of the resolution of the Board amending the Township
Sewage Facilities Plan and Planning Module Components II, III, and
IV.
[Ord. 08-626, 3/11/2008]
1.
Capacity. The holding tank design shall be large enough to hold a
minimum of 3,000 gallons or three days of sewage waste, whichever
is larger.
2.
Construction. The holding tank shall be constructed in accordance
with the design standards of the DEP.
3.
Warning Device. The holding tank shall be equipped with a warning
device to indicate when the tank has reached 75% of capacity. Such
warning device shall create an easily visible signal at a location
frequented by the owner or his agent, servant and/or employee. Upon
activation of said warning device, it shall be the duty of the owner
to forthwith cause said tank to be emptied.
4.
Inspection. The Township Sewage Enforcement Officer, as provided
for in Act 537, shall inspect the holding tank system at any time
during its construction to ensure the above-set-forth standards are
met and that the construction of same is done in a good and workmanlike
manner. The cost of such inspections shall be borne by the owner,
and payment of same shall be made immediately upon presentment of
bills therefor.
[Ord. 08-626, 3/11/2008]
1.
The Township may designate its Sewage Enforcement Officer to inspect the holding tank for overflow at any time. Evidence of any overflow shall immediately be reported to the Board, which shall then avail itself of the remedies provided for in this § 18-208.
2.
Prior to the emptying of the holding tank by the approved disposal
agency, the owner shall give notice thereof to the Township. The Township
may then designate an agent, servant or employee to be present at
the time of pumping.
3.
The cost of the above inspections shall be borne by the owner, and
payment of same shall be made immediately upon presentment of bills
therefor.
[Ord. 08-626, 3/11/2008]
The Board shall, by resolution, have the right and power to
fix, alter, charge and collect such fees or costs as may be necessary
to properly enforce this Part 2.
[Ord. 08-626, 3/11/2008]
The collection and transportation of all sewage from any improved
property using a holding tank shall be done under the direction of
the Board or by a contractor approved by the Board, and the disposal
thereof shall be made only at such site or sites as may be approved
by the DEP.
[Ord. 08-626, 3/11/2008]
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this Part 2 or any
other Township ordinance, the provisions of any applicable law, and
the rules and regulations of the Township and any administrative agency
of the Commonwealth of Pennsylvania; and
B.
Permit only those approved by the Township to collect, transport
and dispose of the contents of the holding tank.
[Ord. 08-626, 3/11/2008]
By obtaining permission to use a holding tank under this § 18-212, the owner shall agree that any failure to make timely removal of the contents of the holding tank, or any other violation of this Part 2 or sanitary requirements, will subject the owner to an automatic revocation of the use and occupancy permits issued for the subject premises.
[Ord. 08-626, 3/11/2008]
Any person who violates any provisions of this Part 2 shall,
upon conviction thereof by summary proceedings, be sentenced to pay
a fine of not less than $100 and not more than $1,000, plus costs,
and in default of said fine and costs, shall undergo imprisonment
in the Montgomery County Prison for a period of not in excess of 30
days. After receipt of written notice of a violation, each day that
the said violation continues shall be considered a separate violation
and offense.
[Ord. 08-626, 3/11/2008]
In addition to any other remedies provided in this Part 2, any
violation of this Part 2 shall be deemed to constitute a nuisance
and may be abated by the Board by any means available to it.
[Ord. 08-626, 3/11/2008]
The owner shall pay all costs, charges and expenses of the Township
incident to the presentation, processing and approval of the application
to install a holding tank, including but not limited to legal, engineering
and inspection fees and costs, as may be determined, established or
imposed, from time to time, by the Board.
[Ord. 08-626, 3/11/2008]
The appropriate officials of the Township are directed to take
such action as may be necessary to amend the Official Plan of the
Township to implement the purposes of this Part 2.