[Ord. 157, 2/2/2010, § 1]
The purpose of this Part is to establish procedures for the
use, operation and maintenance of holding tanks designed to receive
and retain sewage from the specific uses and facilities identified
in this Part, it is hereby declared that the enactment of this Part
is necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of the Township.
[Ord. 157, 2/2/2010, § 1]
For purposes of this Part, the following words and terms shall
have the meanings set forth below unless otherwise expressly stated.
The Allegheny County Health Department or any agency successor
thereto.
The Board of Supervisors of Frazer Township, Allegheny County,
Pennsylvania.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
Frazer Township, Allegheny County, Pennsylvania.
The Frazer Township Authority or any successor entity thereto.
A retaining tank, whether permanent or temporary, to which
sewage is conveyed by a water carrying system.
A tract of land in a plan of subdivision or any other parcel
of land described in a deed or legal instrument pursuant to the laws
of the Commonwealth of Pennsylvania intended to be used as a unit
for development or transfer of ownership.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in Frazer Township.
Unless otherwise specified, person shall mean both the singular
or plural, male or female, firm, business, partnership, association,
limited liability company or corporation, or any other legal entity.
Same as "lot."
Sewage facilities approved and permitted by the DEP and owned
by the Township or a municipal authority.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
sewage at another site. This term includes a holding tank.
A substance that contains any of the waste products or excrement
or other discharge from the bodies of human beings or animals and
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. This term includes any
substance which constitutes pollution under the Pennsylvania Clean
Streams Law, 35 P.S. §§ 691.1 through 691.1001, as
amended.
A system of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage or other waste into waters of this Commonwealth or
otherwise provide for the safe and sanitary treatment and disposal
of sewage or other waste.
Chapter 22 of the Frazer Township Code of Ordinances, Subdivision and Land Development, as amended.
Frazer Township or the authorized designee of the Board of
Supervisors.
Chapter 27 of the Frazer Township Code of Ordinances, Zoning, as amended.
[Ord. 157, 2/2/2010, § 1]
The Township is hereby authorized and empowered to undertake,
within Frazer Township, the control and methods of holding tank use,
sewage disposal and sewage collection and transportation thereof.
[Ord. 157, 2/2/2010, § 1]
The Township is hereby authorized and empowered to adopt by
resolution such rules and regulations concerning holding tanks which
it may deem necessary from time to time to effect the purposes of
this Part.
[Ord. 157, 2/2/2010, § 1]
1.
General. The Township shall have the right and power to fix, alter,
charge and collect fees, rates, assessments and other charges related
to holding tanks within Frazer Township; provided, that the amount
of such fees, rates, assessments and charges are established from
time to time by resolution.
2.
Review and Inspection Fees and Expenses. The owner of the lot on
which a holding tank is located shall reimburse the Township for all
fees and expenses incurred by the Township related the review and/or
inspection of any matter under this Part including, but not limited
to, the reasonable and necessary charges by the Township's professional
consultants, the Township Engineer and/or the Township Solicitor for
the review of and report on a holding tank under this Part.
[Ord. 157, 2/2/2010, § 1]
1.
No person shall install a holding tank in Frazer Township or occupy
any building or structure in Frazer Township for which a holding tank
is to be installed without first obtaining approval from the Township.
2.
A request for Township approval of a holding tank shall be made in
writing and in such format prescribed by the Township. This request
shall include:
3.
The Township shall revoke an approval granted under this Part at
any time for one or more of the reasons provided in 25 Pa.Code § 72.28(a).
The revocation of any such approval shall comply with the notice and
procedural requirements of 25 Pa.Code § 72.28(b) and (c).
[Ord. 157, 2/2/2010, § 1]
The use of holding tanks shall only be permitted in Frazer Township
if the following criteria are satisfied:
A.
The minimum capacity of a holding tank shall be 1,000 gallons. The
maximum capacity of a holding tank shall be 1,250 gallons.
B.
A holding tank shall only be utilized for a use that has: (1) an
average daily sewage flow of 25 gallons; and (2) a total annual sewage
flow of no more than 9,125 gallons.
C.
No more than one holding tank shall be permitted on a lot.
D.
The construction, installation, use, operation and maintenance of
any holding tank within Frazer Township shall otherwise be in accordance
with all applicable Federal, State and County laws, statutes, ordinances
and regulations as amended from time to time, including but not limited
to the regulations of the DEP and ACHD.
E.
Where a holding tank exists on a property that is the subject of a subdivision or land development application, the owner of the lot on which the holding tank is located shall obtain certification from the ACHD that the existing holding tank is functioning with no apparent malfunctions or, where the holding tank is found not to be acceptable, it shall be repaired or replaced, as a condition of the approval of the subdivision or land development plan by the Board of Supervisors. In the event the repair or replacement is not a timely option, adequate financial security may be provided in lieu of the completed repair, replacement or construction, in accordance with Part 5 of the Subdivision and Land Development Ordinance [Chapter 22].
F.
Each holding tank shall be located on the same lot as the use it
will serve and shall comply with setback distances, isolation distances,
etc., of the DEP regulations located in Title 25, Chapter 73, of the
Pennsylvania Code, Standards for Onlot Sewage Systems, as amended,
and any other regulation of the DEP and ACHD. If a holding tank is
located on property that is the subject of a subdivision or land development
plan, the location the holding tank shall be noted on the subdivision
and/or land development plans and the purchaser of the lot on which
the holding tank is located shall be provided with a copy of the plans.
G.
The restrictions of paragraphs .A through .F above shall not apply
when the DEP or ACHD determine that the temporary use of a holding
tank is necessary to abate a nuisance or public health hazard.
H.
The collection and transportation of all sewage from any lot utilizing
a holding tank shall be done solely by and under the direction and
control of the ACHD, and the sewage shall only be disposed of at a
DEP-approved disposal site.
[Ord. 157, 2/2/2010, § 1]
1.
The owner of a lot on which a holding tank is located shall be responsible
for all activities associated with the holding tank and shall be responsible
for ensuring that the construction, installation, use, operation and
maintenance of the holding tank and the activities related, thereto
conform and comply with all applicable Federal, State, and County
laws, statutes, ordinances, resolutions, regulations and permits including,
but not limited to, the rules, regulations and permits of the DEP
and ACHD.
2.
The owner of a lot on which a holding tank is located shall also:
A.
Apply for and obtain any and all necessary Federal, State and County
permits and approvals for holding tanks in Frazer Township.
B.
Provide the Township with a copy of all pumping receipts for the
holding tank for the Township's review and retention.
C.
Provide the Township with a copy of all written inspection reports
related to the holding tank for the Township's review and retention.
D.
Permit the DEP, ACHD, Township or their respective agent(s) to collect,
transport, and dispose of the contents of the holding tank as necessary
to protect the public health and environment.
E.
Annually permit the Township and/or its designee to enter upon lands
to inspect the holding tank for proper operation, maintenance and
contents disposal. The Township may accept ACHD inspection results
in lieu of conducting an independent inspection.
F.
Pay the applicable rates and charges to the entity that collects
and transports sewage from the holding tank.
G.
Notify the person or entity that collects and transports sewage from
the holding tank when the collection and transportation of said sewage
shall become necessary at times other than scheduled times for collection.
H.
Prevent any leakage of the contents of said holding tank into the
environment, onto the soil or into any water body, and, should leakage
occur, immediately cease using all toilet and sewage facilities voiding
into the holding tank until said tank is repaired or replaced.
I.
Upon construction of a public sewer system within 150 feet of the
property utilizing a holding tank, the owner shall, within 60 days
after notice by the entity that owns such public sewer system, tap-in
all sewage facilities serving the property into such public sewer
system and pay any and all fees or costs associated with or required
in connection with said tap-in. Prior service of property by a holding
tank shall not be construed to relieve the property or the owner from
payment of any assessed benefits to the property benefitted by the
construction of a public sewer system.
J.
Upon completion of the tap-in of any property containing a holding
tank into a public sewer system or upon the expiration of 60 days
from the date of notice, whichever is sooner, the owner shall collect,
transport and dispose of the contents of any holding tank, and shall
remove the holding tank from the property. The ACHD may give written
consent to the owner to fill the holding tank with sand in lieu of
removal, provided the same is consistent with the regulations promulgated
by the DEP and ACHD.
K.
Prior to installing a holding tank within Frazer Township, the owner
of the lot on which the holding tank is to be located shall execute
an operation and maintenance agreement in a form acceptable to the
Township Solicitor. The Township may adopt, from time to time by resolution,
such standard form operation and maintenance agreement.
(1)
The operation and maintenance agreement may contain conditions
imposed on the owner by the Township with respect to construction,
usage, payment of fees, operation and maintenance of the holding tank
provided that the ultimate responsibility for operation and maintenance
of the holding tank is that of the owner.
(2)
The operation and maintenance agreement shall contain:
(a)
The specific party responsible for the maintenance.
(b)
A continuing schedule of regular, specific maintenance.
(c)
Assurance of Township access to the control facilities for inspection
and/or maintenance.
(d)
Understanding that if the party responsible fails to correct
specific problems discovered by the Township during inspection and
brought to the responsible party's attention, the Township may
perform the required work and bill the owner for all costs incurred.
(3)
Any violation or breach of an operation and maintenance agreement
shall be considered a violation of this Part.
L.
In connection with the execution of the operation and maintenance agreement, the owner shall provide the Township with financial security guaranteeing the owner's faithful performance of collection, transportation and disposal of the contents of the holding tank and removal of said tank, in such amounts as determined by the Township. The amount of the financial security shall be determined by the Township based on the size of the holding tank in relationship to the anticipated use as indicated by the structure said holding tank shall service, the number of times the contents of said holding tank shall need to be collected, transported and disposed within a calendar year, the estimated cost of the collection, transportation and disposal of the contents and the cost of removal of said tank when no longer needed. All financial security shall be renewed annually and shall be required during the use of the holding tank. The Township may annually increase or decrease the principal amount of the financial security. This financial security shall conform to the restrictions set forth in Part 3 of Chapter 1 of the Frazer Township Code of Regulations, Financial Security, as amended, and the requirements set forth in this Part.
[Ord. 157, 2/2/2010, § 1]
1.
The ACHD may designate one or more persons who shall have the duty
and authority to collect and transport all sewage from any property
utilizing a holding tank, and the sewage from a holding tank shall
only be disposed of by such collector at a DEP-approved disposal site.
2.
If the ACHD designates a collector, the owner of the lot on which
the holding tank is located shall use such designated collector for
the collection and transportation of sewage from a holding tank unless
the owner complies with § 18-107.3 of this Part.
3.
The owner of a lot on which a holding tank is located may request
the use of a collector not designated by the ACHD, provided that the
ACHD agrees to permit the use of this alternate collector.
[Ord. 157, 2/2/2010, § 1]
Compliance with this Part shall not relieve an owner of a lot
on which a holding tank is located of the responsibility to comply
with or to secure permits or approvals for activities regulated by
any other applicable Federal, State, County, or Township law, statute,
ordinance, resolution or regulation. This Part shall not preclude
the inclusion in such other permit of more stringent requirements
concerning regulation of holding tanks within Frazer Township. Where
a conflict exists between a provision within this Part and that of
the applicable DEP or ACHD regulation, the more stringent requirement
shall govern.
[Ord. 157, 2/2/2010, § 1]
Any person, firm or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof or the rules and regulations adopted hereunder, upon conviction
thereof in an action brought 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 less than $500 nor more than $5,000 plus costs,
including reasonable attorney fees incurred by the Township, and,
in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist or for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violation of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation and the
service of any required notice of violation are hereby delegated to
the Township Secretary, the Code Official/Building Inspector, the
Code Enforcement Officer, the Zoning Officer and their designees and
to any other officer, agent or designee that the Township Secretary
or the Board of Supervisors shall deem appropriate.
[Ord. 157, 2/2/2010, § 1]
If the owner of any real property in Frazer Township neglects
or refuses to maintain a holding tank on his lot as required by this
Part, the Township may perform or cause to be performed such work
as may be necessary to bring the holding tank into compliance with
the provisions of this Part and all applicable Federal, State and
County laws, statutes, ordinances and regulations including, but not
limited to, the repair, removal and/or replacement of the holding
tank at the cost and expense of the owner of the subject real property,
together with all charges and expenses incidental thereto; which sum
shall be collected from said owner for the use of the Township as
debts are by law collectible, or if not paid within six months of
completion, the Township may file municipal liens as provided by law.
[Ord. 157, 2/2/2010, § 1]
In addition to any other remedies provided in this Part, any violation of § 18-108 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.
