[Adopted 6-6-2011 by Ord. No. 174[1]]
[1]
Editor's Note: This ordinance also repealed former Art. V,
Holding Tanks, adopted 4-10-1978 by Ord. No. 70.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
Department of Environmental Protection of the Commonwealth
of Pennsylvania, or its successor agency.
The Pennsylvania Code, Title 25, Chapters 71, 72 and 73.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage and/or effluent conveyed by a waste-carrying
system and which is designed and constructed to facilitate the ultimate
disposal of the sewage and/or effluent 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 the sewage
and/or effluent shall or may be discharged.
Any person vested with ownership, legal or equitable, sole
or partial, by virtue of a deed, lease, agreement or as an occupier
of any property located in the Township.
Any individual, partnership, company, association, corporation
or other group or entity.
Any sole proprietor, company, partnership or corporation
which engages in cleaning any or all components of a holding tank
system and evacuates and transports the sewage and/or effluent cleaned
therefrom, whether for a fee or free of charge.
A natural person who engages in cleaning any or all components
of a holding tank system and evacuates and transports the sewage and/or
effluent cleaned therefrom, whether for a fee or free of charge.
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.
A person certified by the State Board for the Certification
of Sewage Enforcement Officers, who is appointed by the Township to
administer the provisions of this article, the provisions of the Pennsylvania
Sewage Facilities Act, and the regulations in PA Code Title 25, Chapters
71, 72 and 73.
Brighton Township, Beaver County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Township of
Brighton, Beaver County, Pennsylvania.
The chief administrative officer duly appointed as the Manager
for the Township of Brighton, Beaver County, Pennsylvania.
The Board of Supervisors of the Township of Brighton, Beaver
County, Pennsylvania.
Holding tanks shall only be permitted to be constructed and
installed if their design meets the standards and requirements of
the DEP regulations and the provisions of this article and any regulations
adopted hereunder, and further, same must be designed and constructed
to include the following:
Prior to the issuance of a holding tank permit by the Township,
and the initial construction, installation, covering and operation
of such holding tank, such proposed holding tank must and shall have
received all necessary approvals of the DEP. In addition, the owner
shall supply the Township with a copy of a contract by and between
the owner and pumper/hauler of sewage and/or effluent that provides
for proper and timely disposal of the sewage and/or effluent at a
DEP approved disposal site and which contract shall include provisions:
A.
That the hauler contracted by the owner shall notify the Township
if, for any reason, the contract is terminated, voided or otherwise
not in existence by and between the owner and the pumper/hauler.
B.
The owner or said pumper/hauler shall provide pumping receipts to
the Township of the quantity of sewage and/or effluent removed and
hauled from the holding tank and further certification by the pumper/hauler
to the Township, that all hauled sewage and/or effluent was or is
being disposed of at a DEP permitted sewage disposal facility.
C.
The owner or said pumper/hauler shall provide receipts of and from
the disposal facility to which the pumper/hauler has taken the sewage
and/or effluent from the subject holding tank for ultimate disposal,
which receipts of the ultimate disposal site shall verify to the Township
the quantity of sewage and/or effluent removed and hauled from the
holding tank.
Upon the construction of a holding tank, the owner shall provide
the Township with a complete set of as-built plans for the holding
tank. No alternation or change in the design, location or the construction
of such holding tank shall be made by the owner without first obtaining
an additional holding tank permit from the Township.
So long as a holding tank shall remain in existence and be necessary
to collect and hold sewage and/or effluent from the property for which
same was or is permitted to be installed, constructed and operated,
the landowner shall properly maintain, repair and operate said holding
tank and provide for the proper disposal of the sewage and/or effluent
at a DEP-approved disposal site.
Pursuant to the provisions of the Pennsylvania Sewage Facilities
Act and the regulations promulgated hereunder, the Township, by the
enactment of this article, has and does assume full responsibility
for maintaining holding tanks and for the proper collection and disposal
of the contents thereof. As to any holding tank for which it issues
a holding tank permit, the Township does hereby:
A.
Specify and direct that the pumping receipts, the disposal site receipts
and certifications required under this article shall be filed with
the Township Manager;
B.
Specify and direct the annual inspection of the holding tanks existing
within the Township by the Township Engineer, SEO, or other designated
official, who shall make a written report as to such inspection and
shall file the same with the Township Manager.
The conditions, included in the issuance of any holding tank
permit by the Township, are that:
A.
The owner in possession and control of the land as to which any holding
tank has been approved to be installed and constructed, and so long
as such holding tank shall remain in existence and be necessary to
collect and hold sewage and/or effluent from the land for which same
was or is permitted to be served, has granted and does grant and acknowledge
the right and privilege to the Township by its designated agent, the
right of entry on the subject land to conduct inspection and testing
of the subject holding tank by and on behalf of the Township for the
purpose of ascertaining that the holding tank is being maintained
and operating properly, and for the purpose of taking any remedial
action in the event the owner is not maintaining and/or removing sewage
and/or effluent from the same properly.
B.
In the event the owner fails to achieve timely compliance with the
provisions of this Code or the provisions of the Pennsylvania Sewage
Facilities Act or regulations promulgated hereunder for the repair,
maintenance and operation of a holding tank, the Township or DEP shall
have the right to enter upon the subject land to perform any repairs,
replacement or maintenance with respect to the holding tank as necessary,
and to remove and haul sewage and/or effluent therefrom to a DEP-approved
sewage disposal site, all of which shall be done at the sole cost
and expense of the owner.
On or before any holding tank permit being issued by the Township,
and for so long as any holding tank shall remain in existence and
be necessary to collect sewage and/or effluent from the land for which
same was or is permitted, the owner shall provide and maintain financial
security to assure compliance with all applicable laws and regulations
and the provisions of this article of such type and in such amount
as Township Supervisors shall from time to time prescribe by resolution.
The purpose of the financial security is to provide immediate funds
to the Township to cover any and all costs incurred for, but not limited
to:
A.
Inspection of the holding tank and the resultant required written
report;
B.
The review of receipts as to the pumping and disposal of sewage and/or
effluent from the holding tank;
C.
The removal of sewage and/or effluent from the holding tank;
D.
The repair and/or maintenance of the holding tank system; and
E.
The enforcement of the provisions of this article or DEP regulations.
The owner of any land for which a holding tank has been permitted
shall be responsible for payment of all cost or expenses incurred
by the Township in the administration of enforcement of this article.
Upon notice by the Township to the owner of noncompliance by the owner
with the terms and provisions of this article, the required financial
security may be declared forfeited and/or payable to the Township,
at its sole option. In the event said financial security is insufficient
to reimburse the Township for such excess costs or expenses, or in
the event the required financial security is reduced below the amount
set by the Township, upon notice from the Township the owner shall
immediately cause the same to be increased to the required amount.
In the event the owner shall fail to deliver to the Township any sum
of money required to maintain financial security, or to reimburse
the Township for any costs or expenses incurred by the Township, or
to reimburse the Township for any costs or expenses in excess of the
financial security forfeited to the Township, the Township may, at
its sole option, either:
This article is enacted and promulgated pursuant to the provisions,
requirements and authority of the Pennsylvania Sewage Facilities Act,
and regulations promulgated thereunder, and the Second Class Township
Code. Any violation of this article or the Pennsylvania Sewage Facilities
Act or regulations promulgated thereunder, as to the construction,
maintenance, repair, operation, discharge of sewage or effluent, or
in improper removing, hauling or disposal of sewage and/or effluent,
shall constitute and is a public nuisance. Any person who shall violate
any such provision, or who is the owner of property on which such
condition exists and which constitutes a nuisance, or who interferes
with any officer, or agent, or employee of the Township in the performance
of duties pursuant to this article, the said Pennsylvania Sewage Facilities
Act or regulations promulgated thereunder, shall be guilty of a summary
offence. Upon conviction thereof, such person shall be sentenced to
pay a fine of not less than $500 nor more than $1,000, plus costs,
or to be imprisoned not to exceed 90 days, or both.
In addition to proceeding under any other remedy available at
law or in equity for violation of any provision of this article or
any directive issued by the Township pursuant to this article, the
Township, after notice and hearing may assess a civil penalty against
any person for the violation in accordance with the provisions of
the Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L.
(1965) 1535, § 1 et seq., as amended.
Township Supervisors are hereby authorized and empowered to
adopt such rules and regulations concerning holding tanks which they
may deem necessary from time to time to affect the purposes of this
article. All such rules and regulations adopted by the Township Supervisors
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.
Township Supervisors shall have the right and power to fix,
alter, charge and collect rates, assessments, and other charges as
authorized by applicable law.
