[Adopted 9-21-2011 by Ord. No. 2011-04]
As used in this article, the following terms shall have the
meanings indicated:
A watertight receptacle that receives and retains sewage
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. A holding tank shall not include a
privy, chemical toilet or other facility designed to receive sewage
where there is no water under pressure.
B.
Subject to Subsection A above, holding tanks may be permitted only when the following criteria are demonstrated to the satisfaction of the Township:
(1)
Specific property requirements.
(a)
The property owner has established that an existing septic system
has failed and cannot be repaired or replaced and use of a holding
tank is necessary to abate a nuisance or public health hazard; or
(b)
The holding tank is proposed for a commercial establishment
with a sewage flow of less than 800 gallons per day;
(2)
The property is otherwise suitable for a holding tank;
(3)
The holding tank shall be constructed and maintained in conformance
with the requirements of this article;
(4)
The holding tank will serve as a temporary measure only until a suitable
alternative method of sewage disposal is available to the property;
and
(5)
The 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 and/or will serve to abate a nuisance
or public health hazard.
A.
Holding tanks shall only be installed in accordance with a permit
issued by the Chester County Health Department and/or the Department
of Environmental Protection of the Commonwealth of Pennsylvania and
in conformance with the requirements of this article;
B.
The holding tank shall be constructed and maintained in conformance
with the provisions of Title 25 of the Pennsylvania Code, as may be
amended and supplemented from time to time;
C.
The holding tank, if approved, shall be susceptible to further regulation
or restriction by appropriate conditions and safeguards as the Township
may determine in its reasonable discretion, including, but not limited
to, audible and visual warning devices (visible from street level)
to indicate when the retaining tank is within 75% of its capacity.
In addition, for retaining tanks with a capacity of 10,000 gallons
or more, an automated alarm system shall be installed to contact the
approved sewage disposal contractor when the retaining tank is 2/3
full.
D.
The holding tank shall be installed below grade.
A.
The owner of a property that proposes the use of a holding tank shall,
prior to its installation, enter into an operation and maintenance
agreement with the Township that shall provide for the proper installation,
use, maintenance, inspection and removal of the holding tank, through
provisions including but not limited to:
(1)
Installation and maintenance of the holding tank shall be in conformance
with this article or any ordinance of this Township, the provisions
of any applicable law, and the rules and regulations of the Board,
Chester County Health Department and Department of Environmental Protection;
(2)
Requiring an approved sewage disposal contractor to inspect the holding
tank on an annual basis and provide a written report of such inspection
to the Township;
(3)
Permitting only an approved sewage disposal contractor to collect,
transport, and dispose of the contents stored in the holding tank;
(4)
Submission to the Township, on an annual basis, of an executed contract
for the maintenance of the holding tank, with an approved sewage disposal
contractor. Such contract shall be renewed or replaced and kept in
full force and effect during the entire period in which a holding
tank is utilized. Failure to maintain such a contract or submit the
contract to the Township, after notice and a ten-day opportunity to
cure, shall cause an immediate revocation of the holding tank permit;
(5)
At any time when an alternative means of sewage disposal is available
to the property and the holding tank is no longer necessary, the holding
tank shall be filled with an approved material, removed and properly
disposed of or, with the permission of the Township, incorporated
into the permanent sewage disposal system;
(6)
Submission to the Township for its review and retention on an annual
basis all pumping receipts;
(7)
The disposal of all sewage from any holding tank shall be made only
at such site or sites as may be approved by DEP;
(8)
The posting of financial security to reimburse any costs incurred
by Township relative to the property's utilization of the holding
tank;
(9)
The right, but not the obligation, of the Township to take such action
as it deems necessary to protect the public health, safety and welfare
in the event of a malfunction relative to use, operation or maintenance
of the holding tank; and
(10)
The recovery of any Township costs associated with enforcement
of this article and the operation and maintenance agreement by any
lawful means, including the placing of a lien for such costs on the
property involved.
B.
Such operation and maintenance agreement shall be recorded in the
Chester County Recorder of Deeds prior to commencement of construction
of the system.
C.
A model operation and maintenance agreement is hereby incorporated as Attachment 1 to this Chapter 160, Sewers and Sewage Disposal.[1]
[1]
Editor's Note: The Model Holding Tank Operation and Maintenance Agreement is included at the end of this chapter.
A.
Any person who shall violate any provisions of this article shall
be served by the Township with written notice stating the nature of
the violation and providing a reasonable time limit for the satisfactory
correction thereof. The offender shall, within the period of time
stated in such notice, permanently cease all violations.
B.
Any person, firm or corporation who shall violate any provision of
this article, upon conviction thereof in an action before a Magisterial
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 article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
C.
Any person violating any of the provisions of this article, in addition
to becoming liable for a fine and penalty, shall become liable to
the Township for any expense, loss or damage occasioned by the Township
by reason of such violation.
In addition to any other remedies provided in this article,
any violation of this article shall constitute a nuisance and may
be abated by the Township by either seeking mitigation of the nuisance
or appropriate equitable or legal relief from a court of competent
jurisdiction.
