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Township of Connoquenessing, PA
Butler County
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[Adopted 3-6-2019 by Ord. No. 95-19[1]]
[1]
Editor’s Note: This ordinance also superseded former Art. V, Temporary Retaining Tanks, adopted 2-5-2014 by Ord. No. 88.
The purpose of this article is to establish procedures for the use and maintenance of retaining tanks designed to receive and retain sewage, whether from residential or commercial property uses, when the property owner adequately demonstrates that no other viable alternative means of sewage disposal is available to the property. It is specifically intended that such retaining tanks are temporary in nature and permitted only in accordance with the criteria in this article.
As used in this article, the following terms shall have the meanings indicated:
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located within the Township.
PERSON
Any individual, partnership, company, association, corporation or other group or entity.
PROPERTY
Any property within the Township upon which any use or activity is carried on and upon which there is a structure intended for habitation, occupancy or use by human beings and from which sewage shall or may be discharged.
RETAINING TANK
A watertight receptacle, whether permanent or temporary, which receives and retains sewage and is designed and constructed to facilitate the ultimate disposal of the sewage at another site.
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 or any substance which constitutes pollution under the Clean Streams Law, as amended.[1]
SUPERVISORS
The Board of Supervisors of the Township of Connoquenessing, Butler County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
The Township is authorized and empowered to undertake within the Township the regulation and inspection of retaining tank use, sewage disposal and sewage collection and transportation thereof. It shall be unlawful for any person to install, construct, use or maintain a retaining tank in the Township without first obtaining a permit from the Township, paying a permit fee, posting financial security, and executing an agreement with the Township as to the operation and maintenance of the retaining tank.
The Township hereby adopts the rules and regulations concerning sewage collected or held within retaining tanks as such rules and regulations have been promulgated by the Pennsylvania Department of Environmental Protection and as may be hereinafter promulgated or amended by the Pennsylvania Department of Environmental Protection. Said rules and regulations are to be found in Title 25 of the Pennsylvania Code.
The use of a retaining tank under this article may be permitted by the Board of Supervisors, provided that the following criteria are met:
A. 
The property owner shall provide evidence to the Township that the on-lot septic system which serves the property has failed and that no other viable alternative means of sewage collection and disposal are available to the property.
B. 
The property is otherwise suitable for a retaining tank, and the use, if approved, will be susceptible to regulation or restriction by appropriate conditions and safeguards, 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.
C. 
The retaining 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.
D. 
The use of a retaining tank will serve as a temporary measure only until a suitable alternative method of sewage disposal is available to the property.
E. 
The use of a retaining tank will serve to abate a nuisance or public health hazard.
F. 
The retaining tank shall be installed below grade.
The owner of a property that utilizes a retaining tank shall:
A. 
Maintain the retaining tank in conformance with this article, the provision of any applicable law, and the rules and regulations established by the Board by resolution and any administrative agency of the Commonwealth of Pennsylvania.
B. 
Submit to the Township, on an annual basis, an executed contract for the maintenance of the retaining tank with a licensed sewage hauler. Such contract shall be renewed or replaced and kept in full force and effect during the entire period in which a retaining tank is utilized. Failure to maintain such a contract or submit the contract to the Township shall be a violation of this article.
C. 
Submit to the Township for its review and retention all pumping receipts.
D. 
Repair and replace as necessary any component parts of the retaining tank as determined to be necessary for the retaining tank to function as designed and in accordance with all applicable laws.
E. 
Execute a maintenance agreement with the Township which outlines the property owner's obligations and responsibilities concerning the installation and maintenance of the retaining tank.
F. 
Post financial security with the Township in an amount determined by the Board in the maintenance agreement to guarantee the property owner's compliance with the terms of the maintenance agreement.
G. 
At the time a permanent sewer system is operational, fill the retaining tank with an approved material, remove and properly dispose of the tank or, with the permission of the Township, incorporate the tank in the permanent system.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
In addition to the other remedies provided in this article, any violation of this article shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction and any person who violates this article shall be subject to all fines, civil penalties, and fees provided in the Pennsylvania Sewage Facilities Act.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.