[Ord. 2014-12, 12/10/2014, § 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, commercial, institutional,
recreational or other uses. 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. 2014-12, 12/10/2014, § 2]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
A certified sewage enforcement officer, professional engineer
or sanitarian, Plumbing Inspector, soils scientist or any other qualified
or licensed person who is authorized by the Board of Supervisors of
the Township to carry out the provisions of this Part.
A watertight tank, 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.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual, association, partnership, public or private
corporation for profit or not-for-profit, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district, authority, or any other legal entity whatsoever
is recognized by law as the subject of rights and duties. Whenever
the term person is used in connection with any clause prescribing
and imposing a penalty or imposing a fine or imprisonment, the term
person shall include the members of an association, partnership or
firm and the officers of any local agency or municipal, public or
private corporation for profit or not-for-profit.
A substance that contains any of the waste products or excrement
or other discharge from the bodies of human beings or animals; a substance
harmful to the public health, to animal or aquatic life, or to the
use of water for domestic water supply or for recreation; or a substance
which constitutes pollution under the Pennsylvania Clean Streams Law
at 35 P.S. §§ 691.1 — 691.1001.
A person certified by the Pennsylvania Department of Environmental
Protection in accordance with 25 Pa. Code § 71, Administration
of Sewage Facilities Program, to perform percolation tests, site and
soil evaluations, and review and issue sewage permits for on-lot sewage
disposal systems appointed by the Township Board of Supervisors.
Williams Township, Northampton County, Pennsylvania, its
Board of Supervisors, their designated officials or authorized agent.
[Ord. 2014-12, 12/10/2014, § 3]
The Township 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, including
the permitting of holding tanks.
[Ord. 2014-12, 12/10/2014, § 4]
The Township 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. 2014-12, 12/10/2014, § 5]
All such rules and regulations adopted by the Township 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 Commonwealth of Pennsylvania.
[Ord. 2014-12, 12/10/2014, § 6]
A fee and escrow, in an amount established by separate resolution
of the Board of Supervisors and as amended from time to time, shall
be deposited with the Township by the holding tank property owner
to cover Township administrative costs for enforcement of this Part.
[Ord. 2014-12, 12/10/2014, § 7]
1.
The Township will issue permits to owners of improved property utilizing
a holding tank. Such permits must be obtained by owners within 60
days of the effective date of this Part.
2.
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall be done solely by Pennsylvania
Department of Environmental Protection licensed hauler, and the disposal
thereof shall be made only at such site or sites as may be approved
by the Department of Environmental Protection of the Commonwealth
of Pennsylvania.
3.
The Township will receive, review and retain pumping receipts from
permitted holding tanks.
4.
The Township will receive and retain annual or other inspection reports
for each permitted holding tank.
[Ord. 2014-12, 12/10/2014, § 8]
1.
The owner of an improved property that utilizes a holding tank shall:
A.
Obtain a holding tank permit from the Township.
B.
Prior to installation of the holding tank, the owner shall provide
the Township with a copy of a fully executed contract between the
owner and a hauler approved by the DEP, which provides for the pumping
of the holding tank and disposal of the holding tank effluent to a
DEP approved site for a period of not less than one year from the
date of the contract, and which contract shall be renewed annually
with proof of contract provided to the Township.
C.
Maintain the holding tank in conformance with this or any ordinance
of the Township, the provisions of any applicable law, and the rules
and regulations of the Township and any administrative agency of the
Commonwealth of Pennsylvania.
D.
Permit only the Township, the Township authorized agent, Sewage Enforcement
Officer, or a pumper/hauler licensed by the DEP, the right to enter
the premises to inspect holding tanks as needed.
E.
Permit only a pumper/hauler licensed by the DEP the right to collect,
transport and dispose of the contents therein.
F.
Permit the Township, the Township authorized agent or Sewage Enforcement
Officer the right to investigate malfunctions or public health hazards.
G.
Abate a malfunction or public health hazard through proper operation,
maintenance, rehabilitation, replacement or other relief as directed
by the Sewage Enforcement Officer.
H.
If a property with a malfunctioning holding tank abuts or fronts
an existing municipal sewer system, the Sewage Enforcement Officer
may require the property owner to connect to the municipal sewer system
at the property owner's sole expense. In this case, the Sewage Enforcement
Officer may not approve the repair of the malfunctioning holding tank.
[Ord. 2014-12, 12/10/2014, § 9]
1.
Owner of improved property which proposes to install a holding tank
shall execute a hold harmless agreement with the Township.
2.
In such agreement, owner agrees to indemnify and save harmless the
Township from and against all claims, damages, losses and expenses,
including attorney's fees and other expenses, arising out of or resulting
from the holding tank requirements of this Part.
[Ord. 2014-12, 12/10/2014, § 10; as amended by
A.O.]
1.
Any person failing to comply with any provisions of this Part shall
be given notice by the Township of the noncompliance. The person will
be given 60 days to comply with this Part.
2.
After 60 days, any person, firm or corporation who shall violate
any provision of this Part, 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 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 such violation
is continued after notice shall constitute a new and separate offense,
punishable by like fine, penalty or imprisonment, and further notices
to the offender shall not be required in order to constitute such
continuances as an additional offense or offenses.
3.
All fines, penalties and costs collected for the violation of this
Part shall be paid over to the Township. Proceedings for the violation
of this Part and for the collection of fines and penalties imposed
thereby may be commenced by warrant or by summons at the discretion
of the magisterial district judge before whom the proceedings is begun.
4.
In addition to the rights as set forth in this subsection, the Township
may take such other rights as are available to it to enforce the provisions
of this Part including resorting to the courts of equity to seek compliance
with the provisions of this Part.
[Ord. 2014-12, 12/10/2014, § 11]
In addition to any other remedies provided in this Part, any
violation of this Part 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.
[Ord. 2014-12, 12/10/2014, § 14]
This Part is adopted in accordance with the duties imposed upon
Williams Township under the Clean Water Act and the Clean Streams
Law and applies to the Township, the local agency and to persons using
or planning holding tanks.
