[Adopted 12-18-2002 by Ord. No. 87]
The purpose of this article is to establish requirements and procedures
for the use and maintenance, by permit only, of holding tanks designed to
receive and retain sewage as an interim measure from property located in Middlesex
Township, pending construction of permanent public sewage facilities under
the proposed sewerage system and facilities project. Further, it is declared
that the purpose of this article is to establish requirements and procedures
for the protection, benefit and preservation of health, safety and welfare
of the inhabitants of Middlesex Township.
Unless the context specifically and clearly indicates otherwise, the
meaning of terms used in this article shall be as follows:
A watertight receptacle 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 habitation or occupancy or use by human beings or animals, 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 Middlesex 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 or animals, 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 recreational use.
Middlesex Township, Butler County, Pennsylvania.
The person officially appointed by the Township of Middlesex Board
of Supervisors to fulfill the functions ordained by the Township and all other
applicable laws and regulations regarding the regulation of sewage collection
and disposal.
The Township is hereby authorized and empowered to undertake within
the Township the establishment of control and methods of holding tank use,
and the sewage disposal and sewage collection and transportation therefrom.
The Township shall require that all holding tanks be installed, used and maintained
only in conformity with permits for same issued by the Township in conformity
herewith.
A.
The Township is hereby authorized and empowered to adopt
such rules and regulations concerning holding tank use, and sewage disposal,
collection, and transportation therefrom, which it may deem necessary from
time to time to effect the purposes herein.
B.
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.
The Township shall have the right and power to fix, alter, change and
collect rates, assessments, and other charges for holding tank use, and sewage
disposal, collection, and transportation therefrom, in the area served by
its facilities at reasonable and uniform rates as authorized by applicable
law.
The Township shall be responsible for the following:
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 Township and the disposal thereof shall
be made only at such a site or sites as may be approved by the Department
of Environmental Protection of the Commonwealth of Pennsylvania.
B.
The Township, at its discretion, will receive, review
and retain pumping receipts from the permitted holding tanks.
C.
The Township, at its discretion, will complete and retain
annual inspection reports for each permitted holding tank.
D.
The Township will maintain the permitted 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.
E.
The Township may enter into agreements, with the owner
of any improved property, proposing the use of holding tanks. Such agreement
may contain conditions imposed on the owner by the Township with respect to
construction, usage, payment of fees, posting of security, and maintenance
of the holding tank, provided that the ultimate responsibility of maintenance
of the holding tank is that of the Township.
Prior to the construction or installation of a holding tank, the Township
shall require an application for permit be submitted to the Township Sewage
Enforcement Officer. The Township Sewage Enforcement Officer shall be authorized
to issue a permit for a holding tank only upon the findings that all of the
following conditions have been met:
A.
All applications for construction and installation of
holding tanks shall be made to and permits issued by the Township; and
B.
Public sewage facilities shall be constructed to the
improved property at such time they are extended, so that such will eliminate
the need for the continued use of the holding tank; and
C.
The structures served by the holding tank on the improved
property shall be a part of the public sewage system and subject to the payment
of applicable rates to the Township; and
D.
The Township has sufficient resources (including financial
resources) to ultimately construct the permanent sewage facilities to the
improved property within the time permitted for use of the holding tank; and
E.
The Township is exercising due diligence in the construction
of the public facilities; and
F.
The construction of the holding tank(s) meets the requirements
of the Department of Environmental Protection and more specifically the Pa.
Code Title 25, Chapters 71 and 73, as they relate to holding tanks; and
G.
The application is not in violation of any other statutes,
ordinances, rules and regulations of the commonwealth, Butler County, Middlesex
Township, their agencies, departments and boards; and
H.
The maintenance and disposal of the sewage from the holding
tanks meets the approval of the Township and the Pennsylvania Department of
Environmental Protection; and
I.
The approval of the requested permit would be in the
best interests of the health, safety and welfare of the inhabitants of Middlesex
Township as determined by the Township; and
J.
That all holding tanks permitted shall be discontinued
and the structure on the improved property served by the holding tank shall
be connected to the public sanitary sewer system within 60 days of the public
sanitary sewer service being made available.
A.
Upon finding of the Township Sewage Enforcement Officer
that any provision of this article has been violated; or that the terms of
any issued permit have been violated; or that the use of the holding tank
is creating a danger to the health, safety and welfare of the inhabitants
of Middlesex Township or to the environment, the Township Sewage Enforcement
Officer shall so notify the Township and the use of the holding tanks shall
immediately cease and the Township shall take all steps required by this article
to remedy the use of the system or to remove it entirely.
B.
The Township shall have the right to contract for the
proper disposal of any sewage, to abate any nuisance or danger to the healthy,
safety and welfare of the inhabitants of the Township or to the environment
and to remove the system. All costs of same incurred by the Township shall
be chargeable to and paid by the required surety.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a District Justice
under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000, plus costs
of prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day or portion thereof
that such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated shall
also constitute a separate offense.
In addition to any other remedies provided in this article, any violations
of any provision of this article shall constitute a nuisance and shall be
abated by the Township by seeking appropriate equitable or legal relief from
a court of competent jurisdiction.
In accordance with the Sewage Facilities Act of 1966, as amended, the
Township will require a holding tank cleaner contract and require the tank
owner to post a bond with the Township in the amount of $1,000. Said bond
shall be forfeited to the Township on the occurrence of either or both of
the following:
A.
In the event said holding tank is not maintained according
to the terms of this contract, the Township shall use said bond to maintain
the holding tank according to the terms of this contract.
B.
In the event said the holding tank is removed by the
Township either by consent of the owner or as the result of court action,
said bond shall be used by the Township to pay for the cost of said removal
and for any legal costs incurred by the Township.
