[Adopted 12-12-1989 by Ord. No. 1-1989]
The purpose of this article is to establish
procedures for the use and maintenance 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. It is specifically
intended that such holding tanks be of a temporary nature and be permitted
only when specifically approved by the Board of Supervisors as part
of a plan providing a more permanent solution of disposal of sewage
for a particular property.
Unless the context specifically and clearly
indicates otherwise, the meanings of terms used in this article shall
be as follows:
The office of the Chester County Health Department administering
the issuance of permits and promulgating the regulations governing
holding tanks in Chester County.
The bureau or office of the Department of Environmental Resources
of the Commonwealth of Pennsylvania administering the issuance of
permits and promulgating the regulations governing the issue of permits
for holding tanks.
Refers to those provisions for holding tanks (retaining tanks)
as established by the DER at 25 Pa. Code § 73.61 et seq.,
as well as all relevant installation standards and relevant locational
standards established by such regulations. Said design standards are
incorporated herein by reference as fully as though set forth at length.
As used herein, the term design standards shall be deemed to include
installation standards and locational standards.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include but are not limited
to the following:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
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
is 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, 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 recreation.
Includes the elected governing officials of the Township
or such authority, commission or individuals who they may formally
designate.
Refers to the municipal government known as "Willistown,
Chester County, Pennsylvania."
The use of a temporary sewage holding tank may
be permitted by the Supervisors, provided that the following minimum
criteria are met:
B.
The property is suitable for a holding tank, and the
use, if approved, will be susceptible of regulation or restriction
by appropriate conditions and safeguards.
C.
The proposed use of a holding tank will serve the
best interests of the Township, the convenience of the community,
where applicable, and the public health, safety and general welfare.
D.
The use of a holding tank is part of an approved Township
Act 537 Plan providing not only for the temporary holding tank but
also for the permanent sewage disposal system.
The Supervisors are authorized and empowered
to establish within the Township the controls and methods for temporary
holding tank sewage disposal and its collection and transportation
and, in furtherance thereof:
A.
They may adopt such rules and regulations concerning
sewage and its disposal which they may deem necessary to effect the
purposes herein.
B.
As a condition to final subdivision and/or land development
approval, the Supervisors shall require that the property owner deliver
to the Township financial security, in an amount and form satisfactory
to the Township, to secure completion of the installation of the permanent
sewage disposal system and that the delivery of this financial security
shall take place prior to the commencement of any work at the site.
The financial security shall be administered similar to the procedure
as set forth in the Municipalities Planning Code[1] to guarantee completion of the required improvements.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
All such rules and regulations adopted by the Supervisors
shall be in conformity with the provisions herein, all other ordinances
of the Township, all applicable laws and applicable rules and regulations
of administrative agencies of the Commonwealth of Pennsylvania.
Any person desiring to own, construct, operate
or maintain a holding tank on lands within the Township shall file
an application therefor on a form supplied by or satisfactory to the
Supervisors, together with all plans and other materials necessary
to demonstrate compliance with all of the requirements of this article
and the design standard as defined herein. Upon approval by the Supervisors,
the application shall be forwarded to the CCHD (and/or the DER, if
appropriate), which shall, if it finds the application, plans and
approvals to be in accordance with this article, process the application
in accordance with the regulations administered by the CCHD (and/or
the DER, if appropriate) and, upon approval, shall issue appropriate
permits.
The use of a holding tank is limited to the
initial property owner to whom permissive use is granted, and the
ownership of any property served by the holding tank may not be transferred
until the permanent system is connected.
[Amended 2-27-1990 by Ord. No. 1-1990]
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 Supervisors, 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. The Township shall receive, review and retain all
pumping receipts from permitted holding tanks. The Township shall
complete and retain annual inspection reports for each permitted holding
tank.
The Supervisors shall have the right and power
to fix, alter, charge and collect rates, assessments and other charges
in any area served by the facilities, at reasonable and uniform rates,
as authorized by applicable laws.
The owner of an improved property that utilizes
a holding tank shall:
A.
Provide for the use of a holding tank only as a temporary,
interim receptacle for the disposal of sewage as part of an overall,
more permanent sewage disposal plan.
B.
Maintain the holding tank in conformance with this
article or any ordinance of this Township, the provisions of any applicable
law and the rules and regulations adopted by the Supervisors and any
administrative agency of the Commonwealth of Pennsylvania.
C.
If the holding tank is installed for use other than
a single-family dwelling, aerate and design the tank to maintain a
minimum dissolved oxygen content of two milligrams per liter.
D.
Permit only the Supervisors, their agent or such carrier
as they may approve to collect, transport and dispose of the contents
therein.
E.
Submit to the Township yearly an executed contract
for the holding tank maintenance with an approved sewage disposal
contractor. Such contract shall be renewed or replaced and kept in
full force and effect during the entire period in which a holding
tank is utilized on the improved property. Failure to maintain such
a contract shall cause an immediate revocation of the holding tank
permit.
F.
At the time the permanent sanitary system is operational,
fill the holding tank with an approved material, remove and properly
dispose of the tank or, with the permission of the Township, incorporate
the tank in the new system.
G.
Submit to the Township for its review and retention
all pumping receipts from permitted holding tanks.
[Added 2-27-1990 by Ord. No. 1-1990]
H.
Permit the Township and any authorized agent thereof
to inspect holding tanks on an annual basis.
[Added 2-27-1990 by Ord. No. 1-1990]
[Amended 2-27-1990 by Ord. No. 1-1990]
Any person who violates any provisions of § 105-52 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine not less than $100 and not more than $300 and costs and, in default of said fine and costs, to undergo imprisonment in the county prison for a period not in excess of 30 days.
[Amended 2-27-1990 by Ord. No. 1-1990]
In addition to any other remedies provided in this article, any violation of § 105-52 above shall constitute a nuisance and shall be abated by the Township or the Supervisors by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
