[Ord. 615, 9/12/2006, § 1]
The purpose of this Part is to establish procedures for the
use and maintenance of existing and new holding tanks designed to
receive and retain sewage whether from residential or commercial uses
and 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 this Township.
[Ord. 615, 9/12/2006, § 2]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
The Allegheny County Health Department.
Collier Township Municipal Authority, Allegheny County, Pennsylvania.
The Pennsylvania Department of Environmental Protection.
A watertight receptacle, whether permanent or temporary which
receives and retains sewage conveyed by a water carrying system and
is designed and constructed to facilitate the ultimate disposal of
the sewage at another site.
Any 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.
Collier Township, Allegheny County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual, partnership, company, association, corporation,
or other group or entity.
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.
[Ord. 615, 9/12/2006, § 3]
The Authority is hereby authorized and empowered to undertake
within the Township the control and methods of holding tank use, sewage
disposal, and sewage collection and transportation thereof.
[Ord. 615, 9/12/2006, § 4]
The Authority is hereby authorized and empowered to adopt such
rules and regulations concerning sewage which it may deem necessary
from time to time to effect the purposes herein.
[Ord. 615, 9/12/2006, § 5]
1.
All such rules and regulations adopted by the Authority shall be
in conformity with the provisions herein, all other ordinances of
the Township, and all applicable laws, and applicable rules and regulations
of administrative agencies of the Pennsylvania Department of Environmental
Protection (DEP) and/or the Allegheny County Health Department (ACHD).
A.
The property owner shall, at all times, comply with the 25 Pa.Code,
Chapter 71, "Administration of Sewage Facilities Planning Programs,
Holding Tanks," § 71.63, "Retaining Tanks," as may be amended
from time to time.
B.
The property owner shall, at all times, comply with Allegheny County
Health Department regulations relating to on-lot sewage disposal programs
and the 25 Pa.Code, Chapter 73, "Standards for Sewage Disposal Facilities."
C.
Holding tanks must be approved, in writing, by the Pennsylvania Department
of Environmental Protection (DEP) and by the Allegheny County Health
Department (ACHD).
[Ord. 615, 9/12/2006, § 6]
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.
[Ord. 615, 9/12/2006, § 7]
1.
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
Pennsylvania Department of Environmental Protection of the Commonwealth
of Pennsylvania.
2.
The Authority will receive, review and retain pumping receipts from
permitted holding tanks.
3.
The Authority will complete and retain annual inspection reports
for each permitted tank.
[Ord. 615, 9/12/2006, § 8]
1.
The owner of an improved property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this or future ordinance
of Collier Township, the provisions of any applicable law, and the
rules and regulations of the Authority and DEP and/or ACHD as maybe
adopted from time to time.
B.
Execute an agreement with the Collier Township Municipal Authority
relating to the installation of holding tanks after all prior approval
has been obtained. The agreement with the Collier Township Municipal
Authority shall be in a form to be recorded in the Recorder of Deeds
Office, and shall run with the land, such agreement to be substantially
in the form attached hereto as Appendix A,[1] as may be amended from time to time by the Authority.
Any subsequent owner of the property shall assume the responsibilities
under the agreement as long as the holding tank or tanks are installed
in the ground.
[1]
Editor's Note: Appendix A is on file in the Township offices.
C.
Provide the Township of Collier and the Collier Township Municipal
Authority with a certificate of insurance, in the amount of $100,000,
that will defend, indemnify, and hold the Township of Collier and
the Collier Township Municipal Authority free from any liability related
to the improper operation of the holding tank by the owner or the
discharge of sewage from the holding tank while installed on the property
of the owner. If the property owner cannot obtain insurance, the property
owner shall post, with the Collier Township Municipal Authority, an
irrevocable bond or letter of credit in the amount of $100,000, acceptable
in form and content to the Township Solicitor and Authority Solicitor,
to defend, indemnify and hold the Township of Collier and the Collier
Township Municipal Authority from any and all losses related to the
improper operation of the holding tank by the owner or the discharge
of sewage from the holding tank while installed on the property of
the owner.
D.
File, in writing, with the Collier Township Municipal Authority on
a monthly basis copies of receipts, showing the pumping from the holding
tanks. The property owner shall maintain the originals of the receipts
and transmittal letters until the holding tanks have been removed
from the property.
E.
Pay to the Collier Township Municipal Authority the sum of $125 for
the annual inspection of the holding tank, which will be performed
by the Municipal Authority's engineer or its designee. A copy of the
annual inspection report will be supplied to the property owner.
F.
Provide written notice of any malfunction and/or overflow to the
Municipal Authority within 24 hours of the date of the malfunction
and/or overflow and provide the Municipal Authority with written verification
of the correction of the malfunction and/or overflow.
G.
Reimburse the Township of Collier and/or the Municipal Authority
of any and all costs, including inspection costs, engineering costs,
and attorneys fees incurred by the Municipal Authority in taking any
action to require the property owner to seek mitigation of the nuisance
or appropriate equitable or legal relief from an agency of the Commonwealth
of Pennsylvania or the court of competent jurisdiction.
H.
Indemnify, defend and hold the Township of Collier and the Collier
Township Municipal Authority harmless from any and all costs associated
with an injunction, fine or other assessment from the Allegheny County
Health Department or the Pennsylvania Department of Environmental
Protection (DEP).
[Ord. 615, 9/12/2006, § 9; as amended by Ord. 652,
4/13/2011]
Any person, firm, or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not less than $500 nor more than $1,000 plus costs and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
[Ord. 615, 9/12/2006, § 10]
In addition to any other remedies provided in this Part, any violation of § 18-208 above shall constitute a nuisance and shall be abated by the Township of Collier or the Collier Township Municipal Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
