[Adopted 5-3-2016 by Ord.
No. 73]
The purpose of this article is to establish procedures for the
use, maintenance and removal of holding tanks designed to receive
and retain sewage whether from residential or commercial uses, and
it is hereby declared that the enactment of this article is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this township.
Unless the context specifically and clearly indicates otherwise,
the meaning of the terms used in this article shall be as follows:
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 ultimate disposal of
the sewage of 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 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, 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 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. "Sewage" shall not be
deemed to include any substance containing primarily animal waste
or excrement.
Holding tanks may be used subject to the provisions of this
article to serve as temporary sewage disposal from existing structures
where a malfunction in the presently installed on-site sewage treatment:
system cannot be suitably repaired or replaced due to unsuitability
of soils; or temporarily serve for sewage disposal for new construction
in any area of the Township for which a revision of the Township's
Official Sewage Facilities Plan has been approved by the Department;
or for commercial uses with a sewage flow of less than 800 gpd in
the Commercial (C) Zoning District, provided that the applicant can
show, to the satisfaction of the Board of Supervisors, that no other
or alternate septic disposal system is possible because of the physical
circumstances or conditions of the lot and that such circumstances
or conditions have not been created by the applicant.
A.
Any landowner seeking to use a holding tank for sewage disposal on
any lot situated in the Township shall first obtain a permit.
B.
Permit application shall be made upon a form to be supplied by the
Township Sewage Enforcement Officer to any Landowner upon such landowner's
request.
C.
The landowner shall file the completed and executed application for
permit with the Township Sewage Enforcement Officer and shall pay
to the Sewage Enforcement Officer such application fees as the Beard
may, from time to time, prescribe by resolution.
D.
The landowner shall cooperate with the Township's officer at
all stages of the application process.
E.
A permit shall be issued to the landowner upon application after
the Board has amended its Official Sewage Facilities Plan and after
approval by the Department.
F.
Prior to grant of permit, the landowner shall obtain and file with
the Township Sewage Enforcement Officer a certified copy of each of
the following documents:
(1)
A completed application;
(2)
A written contract between the landowner and a qualified and responsible
holding tank cleaner for the term of the holding tank permit, which
contract shall provide for the timely and regular removal of the contents
of the holding tank by the holding tank cleaner and for the removal
of the said contents to an approved disposal site for final disposition;
(3)
A certified copy of a written contract between the holding tank cleaner
and the disposal site, providing the holding tank cleaner with the
right to dispose of the holding tank contents for a time at least
until the end of the period for which the holding tank permit is requested,
which contract shall conform to 25 Pa. Code Chapter 71;
(4)
Fees as established by resolution of the Board; and
(5)
An agreement to reimburse and indemnify the Township for any liability,
costs and expenses, which shall or may be incurred by the Township
in actions to enforce compliance by the landowner or to remove the
contents of the holding tank or the holding tank upon default or failure
of the landowner to perform or for any fines incurred by the Township
by reason of the landowner's failure to comply with this article,
any properly enacted amendment hereto or the laws and regulations
of the Commonwealth of Pennsylvania. The agreement shall be in the
form required by the Board.
A.
Each permit shall be issued for the term of one year.
B.
Permits may be renewed annually upon proper application to the board in the manner set forth in § 108-14 of this article.
C.
In the event a landowner holding a valid permit shall violate this
article during the term of the permit, no renewal permit shall thereafter
be issued to such landowner.
A.
Absent the grant of renewal permit prior to the lapse of an existing
permit, the landowner shall remove or cause the removal of the holding
tank within 20 days of the end of the term for which a permit has
been issued.
B.
In the event a holding tank permit has been issued for new construction,
pending the installation of an off-site sewage disposal system, the
landowner shall remove or cause the removal of the holding tank within
20 days after the use of the off-site sewage disposal system is made
available to the landowner and shall connect with in the off-site
disposal system within the same time.
C.
The Township, at its election, shall have the right to enter upon
the premises of a landowner for the purpose of removing or causing
the removal of any holding tank which remains in place in violation
of this article. "Township," as used herein, shall mean the Township,
its employees or third parties contracted by the Township for the
purpose of removing the holding tank. All costs and expenses of removal
shall be borne by the landowner.
A.
Any holding tank installed or maintained pursuant to a permit issued
under this article shall comply, in all respects, to the specifications
set forth in Regulations of the Department, 25 Pa. Code Chapter 73,
inclusive.
B.
The landowner shall cause the holding tank and all lines, pipes,
or conduits to the same to be maintained in a good watertight condition
at all times.
C.
All holding tanks shall be installed on a firm and stable soil or
subsoil and in such manner as to prevent settlement or movement.
D.
No holding tank or lines to the holding tank shall be covered until
the Township's officer shall have first inspected and approved
the installation of and authorized covering for the same. The landowner
shall be responsible for furnishing the officer reasonable notice
of the installation.
E.
The landowner shall cause a holding tank to be cleaned as frequently
as may be required to maintain the contents at a level less than 75%
of the tank capacity.
F.
Holding tanks shall be installed at least 50 feet downgrade from
any source of water supply.
A.
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 Board of Supervisors of Carroll Township,
and the disposal thereof shall be made only at such site or sites
as may be approved by the Department of Environmental Resources of
the Commonwealth of Pennsylvania.
B.
Within seven days of the pumping of any holding tanks, a copy of
the receipt issued in connection therewith shall be provided by the
permitted owner to the Board of Supervisors of Carroll Township for
its review and retention as a record. Failure to timely forward said
holding tank pumping receipts to the Board of Supervisors shall be
cause for the Township to revoke the holding tank permit after reasonable
notice has been given to the owner.
C.
The Township Sewage Enforcement Officer shall inspect all holding
tanks for improved properties located in the Township on at least
an annual basis. This includes both new and existing holding tanks.
No permit shall be renewed until the Sewage Enforcement Officer has
made an inspection of the tank in question and determined said tank
to be in compliance with this article and all other applicable regulations.
D.
The Township or its agent shall complete and retain annual inspection
reports for each permitted holding tank.
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this or any Ordinance
of this Township, the provisions of any applicable law, and the rules
and regulations of the Board of Supervisors of Carroll Township, and
the rules and regulations of any administrative agency of the Commonwealth
of Pennsylvania.
B.
Permit the Board of Supervisors of Carroll Township or its designated
agent to inspect the holding tank or tanks on an annual basis.
C.
Permit only a properly bonded and approved hauling agency to collect,
transport, and dispose of the contents therein to a disposal site
approved by the Department of Environmental Protection of the Commonwealth
of Pennsylvania.
D.
Deposit with the Township a bond, issued by a bonding company which
is authorized to do business in Pennsylvania, or such other security
as may be approved by the Township Solicitor, in the amount of $10,000
dollars per holding tank. The purpose of the bond or other security
is to ensure proper installation, maintenance, disposal and removal
of said holding tank(s) and sewage. The bond or ether security shall
be renewed each year and shall contain a provision that the Township
shall be notified in writing, via certified mail, by the bonding company
of the termination of said bond at least 30 days prior to the expiration/termination
date.
E.
Keep a record of the dates and times and all other pertinent data
relating to the collection and disposal of the holding tank's
contents.
Any person who violates any provisions of § 108-19 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $25 and not more than $300 and costs. Said penalty may be assessed for each day that violation continues.
In addition to any other remedies provided in this article, any violation of § 108-19 above shall constitute a nuisance and may be abated by the municipality or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
In additional to all other remedies provided by this article, any person who violates § 108-19 of the article shall be subject to all fines, civil penalties, and fees provided in the Pennsylvania Sewage Facilities Act, 35 P.S. §§ 13 and 13a.
All ordinances or resolutions or parts of ordinances or resolutions,
insofar as they are inconsistent herewith, be and the same are hereby
repealed.
In any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections,
or parts of this article. It is hereby declared as the intent of the
Board of Supervisors of the Township that this article would have
been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included therein.
