[Adopted 7-11-1985 by Ord. No. 164]
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 West Deer Township.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
The West Deer Township Board of Supervisors.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Also included in this definition is "retention
tank," which is a holding tank system where sewage is conveyed to
said tank by a water-carrying system. The use of the word "holding
tank" in this article refers to a "low-flow holding tank" as defined
by the Department of Environmental Protection.
Any property within the Township upon which there is erected
a structure intended for continuous or habitual habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
Any person who has a leasehold interest in any realty within
the Township, whether the original lessee or a subtenant.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located within the Township.
Any individual, partnership, company association, corporation
or any other group or entity.
Any substance that contains any of the waste products or
excrement or other discharges from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, welfare or safety or to animal or aquatic life
or to the streams and rivers or to the use of water, whether for domestic
water consumption, supply or recreation.
The Township of West Deer.
The Zoning Officer of West Deer Township.
The Board of Supervisors of the Township of
West Deer may adopt such rules and regulations concerning sewage which
it may deem necessary from time to time to control the methods of
holding tank sewage collection, transportation and collection thereof;
and the Board may adopt such rules and regulations concerning sewage
which it may deem necessary from time to time to effect the purposes
herein. Such rules and regulations shall be adopted by the Board by
resolution, provided that:
A.
All such rules and regulations adopted by the Board
shall be in conformity with all applicable laws and applicable rules
and regulations of administrative agencies of the Commonwealth of
Pennsylvania.
B.
The collection and transportation of sewage from any
improved property utilizing a holding tank shall be done solely by
or under the direction and control of the Zoning Officer, and the
disposal thereof shall be made only in accordance and only at such
site or sites as may be approved and regulated by the Department of
Environmental Protection of the Commonwealth of Pennsylvania and any
other rules and regulations applicable by an administrative agency
authorized by applicable law to enact said rules and regulations.
A.
The owner and the lessee, severally and jointly, of
an improved property that utilizes holding tanks, shall maintain the
holding tank in conformance with this article and any other ordinance
of the Township, the provisions of any applicable law, the rules and
regulations of the Township and any other administrative agency of
the Commonwealth of Pennsylvania or Allegheny County.
B.
Any owner or lessee, prior to the collection, transportation
and disposal of the contents of any holding tank, shall make application
to the Zoning Officer setting forth the following:
C.
Upon the receipt of the application, the Zoning Officer
shall review the application for compliance with any rules and regulations
of the Township or provisions of any applicable law.
D.
If the Zoning Officer disapproves the application
for collection and disposal, the Zoning Officer shall, by written
statement, state the objections of the Township and what provisions
are necessary to correct said application. The owner and lessee shall
immediately take steps to correct the deficiencies of the application
and resubmit a new application for collection, transportation and
disposal.
E.
The collection, transportation and disposal of the
contents of any holding tank shall be done at the cost of the owner
and/or lessee severally or jointly; provided, however, that if, in
the opinion of the Zoning Officer, the owner or lessee has neglected
or failed to collect, transport and dispose of the contents of any
holding tanks as may be necessary, the Zoning Officer is authorized
to engage a qualified person to collect, transport and dispose of
the contents of said holding tank. The cost of such collection, transportation
and disposal shall be billed to the owner and/or lessee, jointly or
severally.
F.
Prior to the construction of any holding tank authorized
by the Zoning Officer pursuant to this article or any other applicable
written law, rule and regulation, the owner and/or lessee shall make
application to the Township for a holding tank permit, together with
payment of an administration fee as set from time to time by resolution
of the Board of Supervisors. In addition to the fee required, the
owner and/or lessee shall be required to place with the Township a
performance bond with approved security conditioned upon the faithful
performance of collection, transportation and disposal of the contents
of the holding tank in such amounts as determined by the Township
Engineer. In setting the amount of the bond, the Township Engineer
shall determine the size of the holding tank in relationship to the
anticipated use as indicated by the structure or dwelling said holding
tank shall service, and shall make a calculation as to the number
of times the contents of said holding tank shall need collected, transported
and disposed within a calendar year. The Township Engineer shall further
estimate the cost of the collection, transportation and disposal of
the contents therein for each annual year, which shall be the principal
amount of the bond required. All said bonds with approved surety shall
be renewed annually and shall be required during the use of said tank.
The principal amount of said bond may be increased or decreased annually
by the Engineer, in accordance to the anticipated cost as determined
by the aforesaid calculations.
[Amended 1-22-1997 by Ord. No. 265]
G.
Should any owner and/or lessee neglect or fail to
make collection, transportation and disposal of the contents as required
or fails to do so within five days from notification by the Zoning
Officer, the Zoning Officer shall take one or more of the following
steps:
(1)
Arrange and contract for the collection, transportation,
and disposal of the contents of said holding tank.
(2)
Issue a cease and desist order for use of the toilet
and sewage facilities which discharge into the said holding tank.
(3)
Suspend and/or revoke the occupancy permit of the
buildings or structures said holding tank serves.
H.
Prevent any leakage of the contents of said holding
tank into the ground, any watershed or any watercourse. Upon discovery
of any leakage by any person or the Zoning Officer, the owner and/or
lessee shall immediately cease using all toilet and sewage facilities
discharging into said holding tank until repaired or replaced and,
within one day, collect, transport, and dispose of the contents.
I.
A deed covenant shall be incorporated into the deed
of the owner and/or agreement of the lessee when a holding tank is
used as a method of on-site disposal stating that sewage service is
provided by a low-flow holding tank and that future owners/lessees
of the property will be responsible for the continued maintenance
of the system and removal of sewage and similar waste material on
a scheduled basis throughout the life of the holding tank.
J.
Upon construction of sanitary sewers in the area,
the owner shall within 30 days after notice by the Township, tap-in
all sewage facilities servicing the site into the Sanitary Authority's
sanitary sewer line and pay any and all fees or costs connected with
said tap-in. Prior service of the realty by a holding tank shall not
be constructed to relieve the realty or the owner from payment of
any assessed benefits to the realty benefited by the construction
of sanitary sewers.
K.
Upon completion of the tap-in of any holding tank
site into the Township's sanitary sewer system or upon the expiration
of 30 days from the date of notice, whichever is sooner, the owner
and/or lessee shall collect, transport and dispose of the contents
of any holding tank and shall remove the holding tank from the site.
In the proper case or circumstance, the Zoning Officer may give written
consent to the owner and/or lessee to fill the holding tank with sand
in lieu of removal.
A.
Prior to any holding tank or issuance of a holding
tank permit by the Zoning Officer, the owner, lessee or person making
actual installation of the holding tank shall submit, in writing,
to the Zoning Officer at least two weeks prior to the intended installation
the following data:
(1)
The type of holding tank intending to be installed,
together with the size and capacity of said tank.
(2)
The useful life of said tank.
(3)
A certification from the manufacturer or any other
qualified person that said tank shall not leak its content during
the useful life of said tank.
(4)
The method of installation and the person hired to
do said installation.
B.
Upon review of the application by the Zoning Officer,
after consultation with the Township Engineer, the Zoning Officer
shall make a determination that the proposed tank, quantity and size,
and installation methods are consistent with the rules and regulations
of the Township regulating this matter, the rules and regulations
of the County of Allegheny, the Commonwealth of Pennsylvania or any
other governmental agencies regulating these matters. If the Zoning
Officer approves the application for installation, upon payment of
the required fee, the Zoning Officer shall issue the holding tank
permit. If the Zoning Officer disapproves the tank, he or she shall
set forth, in writing, the causes and basis for his or her disapproval.
Any applicant or affected person may, within
10 days of a decision of the Zoning Officer, appeal such decision
to the Board of Supervisors for a review. Based upon applicable rules
and regulations of the Township, Allegheny County and the Commonwealth
of Pennsylvania, the Board of Supervisors may affirm or reverse or
modify the findings of the Zoning Officer. Any person adversely affected
by a decision of the Board may appeal to a court of competent jurisdiction
within 30 days of the date of the decision; provided, however, that
no such appeal from the decision of the Zoning Officer or from the
Board shall act as a stay to any decisions rendered by the Zoning
Officer or the Board.
In applying the provisions of this article,
they shall be interpreted to be the minimum requirements for the promotion
of the public health, safety and general welfare. It is not intended
to interfere with, abrogate or annul any other ordinance, rule, regulation
or permit previously adopted or issued, except as amended hereby,
or with any other rules or regulations of any other administrative
agency having jurisdiction of this matter. Where this article imposes
greater restrictions upon the use of holding tanks, then this article
shall control.
A.
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000, plus costs, and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this article continues or each section of this article
which shall be found to have been violated shall constitute a separate
offense.
[Amended 1-22-1997 by Ord. No. 265; 4-20-2016 by Ord. No. 408]
B.
In addition to any other remedies provided in this
article, any violation of this article shall constitute a nuisance
and may be abated by either seeking appropriate equitable legal relief
from a court of competent jurisdiction or, when the Zoning Officer,
as authorized by this article, is required to take affirmative steps
to correct the condition by hiring contractors for the collection,
transportation and disposal of the contents of said holding tank or
the removal of said holding tank, the costs incurred shall be imposed
on the owner of the property and the Attorney of the Township is hereby
authorized to lien said property for recovery of costs and/or file
an action to recover said costs from the bonding company of said owner
or lessee. In addition, the Attorney is hereby authorized to file
civil suit in a court of competent jurisdiction to recover the costs
by civil suit.
