Township of New Hanover, PA
Montgomery County
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Table of Contents
Table of Contents
[Ord. 98-5, 6/8/1998, § 1]
The purpose of this Part 1B is to establish standards, regulations and procedures for the design, construction, installation, use and maintenance of holding tanks, as hereinafter provided, it being declared that the enactment of this Part 1B is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Township.
[Ord. 98-5, 6/8/1998, § 1; as amended by Ord. 01-5, 8/27/2001, § 1]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Part 1B shall be as follows:
ACT 537
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq., known as the "Pennsylvania Sewage Facilities Act."
BOARD
The Board of Supervisors of the Township of New Hanover.
DEP
The office, by and through its representatives, servants, agents and employees, of the Department of Environmental Protection of the Commonwealth of Pennsylvania.
ENFORCEMENT OFFICER
A person or agency appointed by any governmental, commonwealth or municipal body or agency, to perform inspections and issue permits in connection with holding tanks.
HEALTH DEPARTMENT
The office of the Montgomery County Health Department, or such other agency, board or commission as shall be delegated to administer the issuance of permits and promulgate resolutions governing onsite sewage systems and/or onsite sewage treatment systems in the various municipalities of Montgomery County, as authorized under the amendments to Act 537.
HOLDING TANK
A watertight receptacle which receives and retains sewage, either from a single improved property or multiple improved properties, and is designed and constructed to facilitate ultimate disposal of the sewage at another site.
HOLDING TANK CLEANER
A municipal entity or person, including a holding tank owner, who removes the contents of a holding tank for purposes of disposing of the sewage at another site.
IMPROVED PROPERTY
Any property within the Township upon which there is erected a building, structure or other improvement intended for continuous or periodic habitation and/or the occupancy or use of said site by human beings or animals and from which structure, building or site sewage shall or may be discharged.
LOT
A part of a subdivision for a tract, lot or parcel of real estate used for building purposes, whether immediate or future, or used and occupied for other than human activity.
OTHER DEFINITIONS
All other words and terms, when used in this Part 1B, shall have the meaning set forth in Act 537, the "Clean Streams Law" and Title 25, Pa.Code, Chapter 73, "Standards for Sewage Disposal Facilities," of the DEP, unless the context clearly indicates otherwise.
OWNER OR PROPERTY OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property or lot situate in the Township.
PERSON
Any natural person, individual, partnership, association or corporation, or other group or entity, and which shall include the members of an association or corporation, or other group or entity, which shall include the members of an association and the officers of a corporation.
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 which constitutes pollution under the terms and provisions of the Act of June 22, 1937, P.L. 1987, No. 394, 35 P.S. § 691.1 et seq., known as the "Clean Streams Law," as hereafter amended, supplemented, modified or reenacted by the General Assembly of the Commonwealth of Pennsylvania.
TOWNSHIP
The Township of New Hanover, Montgomery County, Pennsylvania.
[Ord. 98-5, 6/8/1998, § 1]
Any person who is the owner of any lot or improved property shall be subject to the requirements of this Part 1B and shall be responsible for obtaining all required permits from the Township, DEP, Health Department and any other agencies which issue and/or required permits for onsite sewage facilities.
[Ord. 98-5, 6/8/1998, § 1; as amended by Ord. 01-5, 8/27/2001, § 2]
A permit issued by the Health Department and/or DEP shall be required for the construction, installation, use and maintenance of a holding tank on any lot or improved property situate within New Hanover Township, and said holding tanks shall be permitted for industrial or commercial uses, or for residential uses, only upon written approval issued by the Board, at its sole discretion, as a temporary measure if the property is situate in the Township's Act 537 District and when it is anticipated that the Township-owned and operated public sewage system will be extended to provide service for said lot or improved property in accordance with a schedule approved by DEP and only if the owner of said lot or improved property enters into a written agreement with the Board and/or Authority providing security for the use, operation and maintenance of said holding tank, and further secures reserve capacity for said sewage treatment in the expanded Township sewage system and deposits the required security and financial undertakings with the Township to guarantee the construction, installation and completion of such expanded Township sewage system.
[Ord. 98-5, 6/8/1998, § 1]
No holding tank shall be installed or used for the disposal of sewage until an application for such tank shall be obtained from the Township. Property owner shall submit to the Township copies of permits granted by DEP and/or the Health Department, as well as plans showing the size, shape, location, type of materials used in the fabrication of the holding tank and details of its construction sufficient to fully disclose the nature, location and operational capacities of the same prior to the construction or installation of said holding tank. At the time of such application, the property owner shall also submit a copy of the contract between the property owner and the holding tank cleaner providing for the pumping of such holding tank on a regular basis, said contract having a term of not less than one year, a letter from an approved sewage disposal site agreeing to receive said sewage from the property and an agreement, executed by the property owner, to be recorded and to run with the land binding the successors in title to observe the duties, liabilities and obligations as are therein set forth pursuant to this Part 1B.
[Ord. 98-5, 6/8/1998, § 1]
1. 
The Township is hereby empowered to adopt, by resolution, from time to time, such rules, regulations and standards governing the design, construction, installations, use, operation and maintenance of holding tanks and the removal and disposal of sewage from the same as may be determined necessary and appropriate to protect the health, safety and general welfare of the inhabitants of the Township, the terms of which shall be considered a part of this Part 1B and violation of the same shall be enforceable as if said terms were incorporated herein. In addition, the holding tank shall have, as a minimum, the following construction standards:
A. 
Tank Capacity. The minimum capacity allowed shall be equal to either the daily flow times the longest interval, in days, between collection plus one day of additional capacity or three days capacity, whichever is greater; provided, however, the minimum tank capacity shall be, at least, 1,000 gallons for each equivalent dwelling unit (EDU).
B. 
Level Indicator. An indicator to show the sewage depth will be required. Also, a warning device using a light and sound alarm shall be installed within the proposed property to be activated when a tank is 75% full.
C. 
Withdraw Facilities. The tank shall be designed so that it can be completely pumped out.
D. 
Venting. The tank shall be designed with a vent to the atmosphere. If odor problems occur, it will be the property owner's responsibility to install the necessary filter system within 30 days after written notice from the Township.
E. 
All holding tanks shall be located so that the holding tank cleaner pumping the same will have easy access to withdraw facilities during all seasons of the year. Further, no truck used in the removal of sewage and disposal of the same shall exceed the capacity of 3,000 gallons and no removal of sewage from a holding tank shall occur before the hour of 7:00 a.m. or after 7:00 p.m., prevailing time, except in the case of emergency.
[Ord. 98-5, 6/8/1998, § 1; as amended by Ord. 01-5, 8/27/2001, § 3]
1. 
No person shall install, construct, alter, replace or rebuild a holding or occupy any building or structure for which a holding tank is to be installed without first obtaining permits as may be required by the DEP and Department of Health and approval from the Township.
2. 
No construction, installation or initial use of a holding tank shall be permitted until and unless property owner shall first notify Township of the intention to proceed with the same and no holding tank shall be covered from view until notice of the same is given to Township and Township, by and through its representatives, agents, servants and employees, has had an opportunity to inspect the same.
3. 
No occupancy or zoning permits shall be issued by the Township or its Code Enforcement Officer for any new structure, use or occupancy of the site requiring the installation of a holding tank until property owner has obtained the appropriate and necessary permits from the DEP and/or Health Department and approval from the Township.
A. 
No building permits shall be issued by the Township or its Code Enforcement Officer for any new structure requiring the installation of a holding tank until a property owner has obtained the necessary approvals from the DEP and/or the Health Department and approval from the Township; or, in the Township's sole discretion, property owner has entered into an agreement with the Township and/or Authority and has posted financial security attendant to said agreement in amount satisfactory to the Township and/or Authority guaranteeing that all terms and provisions of this Part 1B and all other rules, regulations of the Township, DEP and/or Health Department shall be complied with prior to the issuance of use and occupancy permits.
4. 
No building, occupancy or zoning permit shall be issued and no work shall begin on any alteration or conversion of any existing structure, if said alteration or conversion will result in the increase or potential increase in sewage flows from the structure/building unless and until the property owner has obtained approval from the Township for alteration or replacement of the existing holding tank or received written notification that such approval will not be required. The Township, by and through its agents, servants and employees, shall determine whether such alteration or conversion will result in increased sewage flows.
[Ord. 98-5, 6/8/1998, § 1]
1. 
Any holding tank may be inspected by the Township's authorized agent or enforcement officer, such as may be designated by the Board, at any reasonable time as of the effective date of this Part 1B, and shall be inspected by the Township, by and through its agent or enforcement officer, at least one time within the first year after such tank is installed and thereafter on, at least, an annual basis, or such additional inspections as are determined necessary to determine that the use, maintenance and operation of the holding tank will not result in leakage, seepage or escape of any material from the holding tank as may be necessary to protect, benefit and preserve the health, safety and general welfare of the inhabitants of the Township.
2. 
The inspection may include a physical tour of the property, the taking of samples from surface water, wells, other groundwater sources, the sampling of the contents of the holding tank itself, and/or the introduction of a traceable substance into the interior plumbing of the structure served to ascertain the path and ultimate destination of wastewater generated in the structure.
3. 
The Township's authorized agent or enforcement officer shall have the right to enter upon land for the purposes of inspection described above.
4. 
A written report shall be furnished to the property owner of each property inspected and a copy of said report shall be maintained in the Township's records.
5. 
A schedule of routine inspections may be established by the Township, if necessary, to assure the proper function of the holding tank.
6. 
The Township, by its authorized agent or enforcement officer, shall inspect holding tanks known to be, or alleged to be, malfunctioning. Should said inspection reveal that the holding tank is indeed malfunctioning, the Township, its authorized agent or enforcement officer, shall request action by the Health Department to require the correction of the malfunction. The property owner shall comply with any and all regulations, requirements, rules, orders or directives of the Health Department and/or the DEP relative to the use and operation of said holding tank and specifically regarding any malfunctions and further shall be required to undertake such additional steps to maintain, repair, rehabilitate or replace said holding tank as may be hereinafter set forth.
[Ord. 98-5, 6/8/1998, § 1]
1. 
Any person owning a property served by a holding tank shall have the holding tank pumped by a qualified holding tank cleaner as may be necessary, to insure the proper operation of said tank.
2. 
Any person owning a building/structure serviced by a holding tank shall submit to Township service receipts from the holding tank cleaner evidencing the removal of such material and shall further provide Township with documentation of maintenance activity including, but not limited to, cleaning and unclogging of piping, servicing and the repair of tanks and lines, removal of obstructing roots or trees and the diversion of surface water away from the disposal area.
[Ord. 98-5, 6/8/1998, § 1]
1. 
No person shall operate and maintain a holding tank in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry waste, shall be discharged to the holding tank. No holding tank shall be operated or maintained in such a way to allow the discharge of sewage to the surface of the ground or into the waters of the Commonwealth of Pennsylvania.
2. 
Within seven days of notification by the Health Department, DEP or Township that a malfunction has been identified, the property owner shall have the holding tank pumped and shall make application for a permit to repair or replace the malfunctioning systems. Within 30 days of initial notification of the malfunction, property owner, by and through its agents, servants and employees, shall commence the construction, repair, rehabilitation or replacement of said holding tank. Within 90 days of the original notification, the construction, repair, rehabilitation or replacement shall be completed unless seasonal or unique conditions mandate a longer period, in which case the property owner shall make application to the Township for an extended completion date.
3. 
In the event that remediation, rehabilitation or repair of the holding tank is ineffective in eliminating the malfunction, the same shall be replaced, and in the absence of replacement and continued malfunction of the holding tank, the property owner shall terminate the use and occupancy of the building/structure so serviced or the use and occupancy of the subject property until such system is replaced or an approved alternative system is installed and activated.
[Ord. 98-5, 6/8/1998, § 1]
Property owner shall, concurrent with said application for approval of a holding tank, submit to Township a fully executed operation and maintenance agreement, in such form as may be adopted by Township, and shall tender to Township such financial security, in the nature of an irrevocable letter of credit and/or third party cash escrow agreement in such amount as may be determined appropriate by the Board, said amount being sufficient to cover the cost of future operation and maintenance of the holding tank over its designed life up to a maximum of 50% of the initial cost of the equipment and installation, estimates for which amounts shall be submitted by the property owner for review and approval by the Township Engineer. Said financial security shall be maintained, in a form approved by Township, for so long as the said holding tank is in place and providing service to a use and occupancy of said property. The Township, upon written notice from its delegated agent or enforcement officer, that an immediate health hazard exists due to failure of property owner to maintain, repair or replace said holding tank, as provided under the terms of this Part 1B, shall, if property owner persists in the failure to perform such maintenance, repair or replacement, have the authority, although not the duty, to perform or contract or have performed, the work required by such notice, the cost for which shall be charged to the financial security provided by the property and, if the said financial security is of an amount insufficient to satisfy all such obligations, a lien shall be entered, therefore, in accordance with the law to the benefit of the Township.
[Ord. 98-5, 6/8/1998, § 1]
1. 
All septage originating within the Township shall be disposed of at sites or facilities approved by the DEP. Approved sites or facilities shall include the following:
A. 
Septage treatment facilities.
B. 
Wastewater treatment plants.
C. 
Composting site.
D. 
Approved farmlands.
2. 
Disposal of septage by holding tank cleaners operating within the Township shall be in a manner consistent with the provisions of the Pennsylvania Solid Waste Management Act, the Act of July 7, 1980, P.L. 380, No. 97, § 101 et seq., 35 P.S. § 6018.101 et seq., as amended.
[Ord. 98-5, 6/8/1998, § 1]
1. 
The Township shall fully utilize those powers it possesses through enabling statutes, ordinances and codes to effect the purposes of this Part 1B.
2. 
The Township may employ an enforcement officer, Township Manager, administrator or other persons as may be required to enforce this Part 1B. The Township may also contract with private qualified persons or firms as necessary to carry out the provisions of this Part 1B.
3. 
All permits, records, reports, files and other written material relating to the installation, operation, use, maintenance and malfunction of the holding tank shall become the property of the Township. Existing and future records shall be available for public inspection during normal business hours at the Township building. All reports pertaining to permits, building permits, occupancy permits and all other aspects of the use and occupancy of this site shall be made available, upon request, for inspection by representatives of the DEP and Health Department.
4. 
The Board shall establish all administrative procedures necessary to properly carry out the provisions of this Part 1B.
5. 
The Board shall establish a fee schedule, and subsequently collect fees, to cover the cost of the Township of administering this program.
[Ord. 98-5, 6/8/1998, § 1; as amended by Ord. 17-03, 3/27/2017]
Any person, firm or corporation who shall violate any provision of this Part 1B, 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 $100 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 90 days. Each day that a violation of this Part 1B continues or each section of the part which shall be found to have been violated shall constitute a separate offense. Notwithstanding the same, the Township may seek enforcement by means of request for injunctive relief or other equitable remedies as may be provided by law in a court of competent jurisdiction.
[Ord. 98-5, 6/8/1998, § 1]
In addition to any other remedies provided in this Part 1B, any violation of this Part 1B shall constitute a nuisance and may be abated by the Township, its enforcement officer, agents, servants and/or employees as may be designated by the Board, either seeking appropriate equitable or legal relief from a court of competent jurisdiction.