[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:
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."
The Board of Supervisors of the Township of New Hanover.
The office, by and through its representatives, servants,
agents and employees, of the Department of Environmental Protection
of the Commonwealth of Pennsylvania.
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.
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.
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.
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.
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.
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.
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property or lot situate in the Township.
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.
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.
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]
[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.
