Township of Scott, PA
Columbia County
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[Adopted 7-22-2003 by Ord. No. 7-22-03[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Holding Tanks, adopted 2-27-1990 by Ord. No. 1-1990B, as amended.
A. 
The Township is hereby authorized and empowered to adopt such rules and regulations concerning holding tanks which it may deem necessary from time to time to effect the purposes of this article.
B. 
All such rules and regulations shall be in conformity with the provisions hereof, all other ordinances of Scott Township, all applicable laws of the Commonwealth of Pennsylvania, and all applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.
A. 
It shall be unlawful for any individual, firm, association, or corporation to erect, construct or install any holding tank of any kind within the limits of Scott Township unless a sewage disposal system permit for the holding tank is issued by the Township Sewage Enforcement Officer under the authority of the Pennsylvania Sewage Facilities Act.[1]
[1]
Editor's Note: See 35 P.S. § 750.1.
B. 
It shall be unlawful for any individual, firm, association or corporation to use, operate or maintain any holding tank of any kind within the limits of Scott Township unless a holding tank operating permit for the holding tank is issued by the Township Sewage Enforcement Officer under the authority of this article.
For purposes of this article, "holding tank" shall be construed to mean a watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate treatment or disposal of the sewage at another site.
A. 
Permits for holding tanks may only be issued when proper application is made meeting the requirements of the various sections of this article and the specific criteria of Subsection C of this section.
B. 
A holding tank permit shall be valid for no more than one year from the date of issuance. It shall be the responsibility of the permit holder to make application and receive a valid permit prior to the expiration of the holding tank permit. Each holding tank permit shall meet all the provisions of this article.
C. 
When Subsection C(1), (2), (3) or (4) of this section applies, a permit may be issued.
(1) 
The permit application is for use in connection with a commercial building or commercial activity generating flows of less than 800 gallons per day and meeting the requirements of the Pennsylvania Sewage Facilities Act and the regulations issued pursuant thereto.
(2) 
The permit application is for use in connection with an existing dwelling or place of business with a malfunctioning on-lot sewage disposal system which the Sewage Enforcement Officer finds cannot be properly served by any sewage disposal system meeting the requirements of the Pennsylvania Sewage Facilities Act and the regulations issued pursuant thereto.
(3) 
For temporary use by new residential structures or land uses, where the property on which the proposed holding tank will be installed has a permit issued by the Township for construction of an on-lot sewage disposal system.
(4) 
For temporary use by new residential structures or land uses. The property where the proposed holding tank will be installed must be located in an area of the Township for which a "notice to proceed" has been issued by the Township for construction of a sewage collection system.
D. 
No application shall be approved or permit issued unless the ultimate disposal site for the contents of the holding tank shall be approved or permitted by the Department of Environmental Protection to receive such materials. The Township may reject the individual, firm or corporation designated as being responsible for the removal of the contents of the holding tank and/or the individual, firm or corporation designated as being the ultimate recipient of such contents for any reasonable cause, including, but not limited to, the following:
(1) 
The proposed ultimate disposal site has not been approved or permitted by the Department of Environmental Protection or its approval or permit has been suspended or revoked.
(2) 
Such individual, firm or corporation has repeatedly failed to remove the contents on three or more occurrences from a holding tank on a timely basis after being notified to do so.
(3) 
Such individual, firm or corporation has, in the past, been convicted of depositing sewage or holding tank contents in locations other than those approved by the Pennsylvania Department of Environmental Protection.
(4) 
All applications for a permit under this article shall be made to the Scott Township Sewage Enforcement Officer on forms provided by the Township. The application for a permit shall be signed by the owner or owners of the property on which the holding tank is to be located.
(5) 
The application shall be accompanied by an agreement approved by the Township and signed by the individual, firm or corporation which is to be responsible for the removal of the contents of the holding tank, agreeing that he or it will remove the contents of the holding tank described in the permit application.
(6) 
The application shall be accompanied by an agreement approved by the Township and signed by the individual, firm or corporation which is to be the ultimate point of disposition of the contents of the holding tank, agreeing that he or it will accept the contents of the holding tank described in the permit application for ultimate disposal.
(7) 
The applicant shall submit with the permit application an application fee in an amount which is, from time to time, established by the Board of Supervisors by resolution.
(8) 
To establish a relationship with a different holding tank pumping contractor than that identified in the then-current permit, the landowner must reapply for a permit by complying with § 112-4B and C of this article. There shall be no filing fee when the sole purpose of reapplication is to change pumping contractors.
A. 
As required by the Board of Supervisors, the applicant shall submit with the permit application financial security in an amount which is, from time to time, established by the Board of Supervisors by resolution. Said amount shall be used by the Township to pump, repair or restore the system or its components to normal working order or mitigate contamination in the event that:
(1) 
The owner fails to have the tank pumped in a timely manner and such failure results in a discharge of sewage to the surface of the ground or the waters of the commonwealth.
(2) 
The tank or any of its components is discovered, upon inspection, to be defective, unsafe or unsatisfactory.
(3) 
The owner, upon notification by the Township that the tank has exceeded 75% of its capacity, fails to have the tank pumped within 24 hours of notification.
B. 
Financial security may be provided in any manner approved by the Township. This may include but not be limited to:
(1) 
An escrow account established by the Township for the deposit of holding tank financial security funds.
(2) 
An irrevocable letter of credit naming the Township as the beneficiary.
(3) 
A bond issued by a reputable bonding company naming the Township as the beneficiary.
C. 
In the event that the Township uses all or part of the financial security, the landowner shall, upon written notice from the Township, make such arrangements to restore the financial security to full value and, if necessary, repay any amount expended by the Township in excess of the financial security amount.
D. 
Failure to restore the financial security to full value within 15 days of receipt of written notice of the deficiency will result in revocation of the holding tank permit.
E. 
The applicant shall make a written request to the SEO for decommissioning of the holding tank. The SEO shall, within 20 days of receipt of this request, inspect the holding tank to ensure that it was decommissioned in a manner approved by the Department and that there is no contamination as a result of the holding tank malfunctioning.
F. 
The holding tank permittee shall be released of any financial security obligations, and any sums remaining in the escrow shall be returned to the applicant upon the approved decommissioning of the holding tank.
G. 
No interest shall be paid on escrow funds. All interest that may be earned shall be applied to offset the administrative costs of this article and its related activities.
A. 
All holding tank systems shall have a minimum total liquid capacity as required by and meet all requirements of Pennsylvania Code, Title 25, Chapter 73 regarding construction and must be installed in a manner which ensures that they will not float when empty.
B. 
Every holding tank shall be equipped with an audible alarm system which will give warning when the tank is filled to seventy-five-percent capacity.
C. 
Every holding tank shall be equipped with a visible alarm system which will give warning when the tank is filled to seventy-five-percent capacity.
D. 
It shall be a violation of this article to shut off, tamper with or render an audible or visible alarm inoperative.
E. 
In the event the Sewage Enforcement Officer finds that either alarm system on any holding tank has been tampered with or rendered inoperative, within three days of the notice of discovery the SEO shall notify the landowner, in writing, of the need to restore the system to proper working condition.
F. 
If the repairs are not completed within three days of receipt of said notice, the Sewage Enforcement Officer shall use the escrow funds to cause the system to be restored.
The holder of a permit issued pursuant to this article shall:
A. 
Notify the designated individual, firm or corporation responsible for the removal of holding tank contents at such time that the tank is filled to within 75% of capacity.
B. 
Permit only the individual, firm or corporation designated in the application to remove holding tank contents.
C. 
Cause the individual, firm or corporation designated in the application to remove holding tank contents to provide a receipt to the permit holder of each pumping activity.
D. 
Retain all pumping receipts.
E. 
Within seven calendar days, forward to the SEO an exact duplicate of all receipts for the pumping of the holding tank.
F. 
Allow the Township's SEO to conduct inspections of the holding tank.
A. 
Following the issuance of a permit pursuant to this article, the Sewage Enforcement Officer shall, from time to time, inspect the holding tank, but not less frequently than once a year. The Sewage Enforcement Officer shall provide the permit holder a written report of the findings of this inspection. The Township shall retain a copy of this report along with the records of pumping activity required by § 112-7E.
B. 
In the event the Sewage Enforcement Officer finds the holding tank to be filled in excess of 75% of capacity, the permittee shall within 24 hours of notification have the individual, firm or corporation designated in the application remove the holding tank contents. The permittee, 10 days after being billed for a reinspection, shall pay to the Township an inspection fee in an amount periodically set by the Board of Supervisors by resolution.
C. 
In the event the Sewage Enforcement Officer finds that the holding tank is filled to more than 85% of capacity, he shall promptly make arrangements to have the holding tank pumped, and the cost of such removal shall be paid from the fund held in escrow.
D. 
In the event the permit holder fails to pay the above referred to inspection fee within the ten-day period, the Sewage Enforcement Officer may, in addition, revoke the permit issued pursuant to this article, and all amounts remaining in the escrow fund after payment of the inspection fee and payment of the cost of removal of the contents of the holding tank shall be forfeited to the Township.
E. 
In the event that the permit issued pursuant to this article is revoked, the holding tank shall be removed within 20 days from the date of the revocation notice of the permit.
A. 
Permits issued under this article are not transferable.
B. 
All holding tanks in Scott Township, whether or not they were installed pursuant to a permit from the Sewage Enforcement Officer, are subject to the operating permit provisions of this article.
C. 
Within 30 days of the enactment of this article, the owner of every property served by a holding tank which is not currently permitted shall apply for a holding tank operating permit as required by this article. Any property served by a currently permitted holding tank shall apply for a holding tank permit as required by this article upon expiration of its current permit.
A. 
It shall be the responsibility of the owner of real property served by a holding tank which was installed, permitted or operated pursuant to this article to disclose that fact to all prospective buyers.
B. 
When the ownership of a property served by a holding tank is transferred, the subsequent (new) owner shall obtain a permit under this article prior to the transfer of title.
(1) 
Until such time as a permit is issued in the name of the new owner, the previous owner shall be responsible and liable for the operation and maintenance of the holding tank on the property in question.
(2) 
When the new owner makes the necessary application and financial security arrangements and after transfer of title, any positive escrow account balance shall be refunded to the previous owner and/or any financial obligation to the holding tank shall be removed.
(3) 
Until any negative financial security balance is paid, no new permit shall be issued and the previous owner shall be responsible and liable for the operation and maintenance of the holding tank.
(4) 
Prior to issuing a permit under this article to a new owner, the Sewage Enforcement Officer shall inspect the holding tank in the usual and customary manner, and any deficiencies found shall be corrected before the structure can be occupied or a new permit issued.
A. 
In the event that the holder of a permit issued pursuant to this article shall violate or be in violation of the provisions of this article, the SEO shall revoke from the permit holder the permit issued under this article in addition to any other remedies included herein.
B. 
The permit holder may appeal this decision to the Scott Township Board of Supervisors. During the pendency of the appeal, the permit holder shall not be permitted to use in any fashion the holding tank.
C. 
Notice of the revocation shall be made in writing stating the reason for the revocation and mailed first class mail, United States Postal Service to the permit holder. The notice shall state that the permit holder shall have five days from the date of the notice to correct the violation or, in writing, request an appeal before the Scott Township Board of Supervisors. If the permit holder fails to take the above-mentioned actions, the revocation shall become effective immediately after the expiration of the five-day period.
D. 
Any individual, firm, association or corporation violating any of the provisions of this article shall, upon conviction thereof, be subject to a penalty in the amount of not less than $1,000 for each and every offense. Each and every day that a violation of any of the provisions of this article occurs and each and every day that a holding tank remains erected, constructed or installed without a permit having been issued pursuant to this article or after a permit has been revoked shall be considered a separate and distinct offense and shall be subject to separate and distinct penalties hereunder.
E. 
In addition to any other actions to obtain compliance, the Township may assess civil penalties as described in the Pennsylvania Sewage Facilities Act.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
F. 
No individual, firm, association or corporation which owns property which is in violation of any of the provisions of this article shall be issued a permit to erect, construct, install or maintain a holding tank on a different property until the current violation has been cured.