The purpose of this article is to establish procedures for the
use and maintenance of existing and new Holding Tanks within East
Hempfield Township, Lancaster County, Pennsylvania. The enactment
of this article is necessary for the protection and preservation of
the health, safety and welfare of the inhabitants of the Township.
Unless specifically defined herein, all capitalized terms shall have the definitions provided in Chapter
200 of the Code of Ordinances of East Hempfield Township.
No Holding Tank may be installed or used within the Township
unless and until a Holding Tank permit is issued by the Township.
A Holding Tank permit may be provided only if the following conditions
are met:
A. The Official Plan or revision to the Official Plan permits the use of Holding Tanks for the lot, and, except as provided in §
200-43C, there are no other viable alternative methods of sewage collection and disposal available to the property; or
B. When necessary to abate an immediate nuisance or public health hazard;
or
C. The use of a Holding Tank for a sewage flow of less than 800 gallons
per day is for an institution, for a recreational vehicle dump station,
or commercial uses.
In addition to the requirements of this article, each applicant
for a Holding Tank permit shall be required to enter into a Holding
Tank agreement with the Township. This agreement may provide for the
requirement for a performance bond or other financial guarantee to
secure the owner's performance of the duties set forth in this
article. The amount of such bond, if required, shall be set by the
Board of Supervisors from time to time to reflect its best estimate
of the cost of remediating any failure to comply with the terms of
this article. The Holding Tank agreement shall also provide that the
owner is responsible for any costs incurred by the Township in the
inspection or maintenance of the Holding Tanks.
Notwithstanding any provision to the contrary, the obligations
to review and provide permits, to inspect construction, to perform
annual inspections, and to require corrective action to be taken with
respect to Holding Tanks shall be delegated to the Sewage Enforcement
Officer of the Township, or the other such appropriate personnel as
the Board of Supervisors may appoint from time to time.
Any person who violates any provision of this article shall,
upon conviction thereof by summary proceedings, be subject to a fine
of not less than $100 and not more than $500 per day of noncompliance,
together with costs incurred by the Township in enforcing the provisions
of this article. If in default of such costs or fines, the owner may
be confined to the county prison for a period not to exceed 30 days.
In all other respects, the provisions of Chapter
200 of the Code of Ordinances are hereby ratified and confirmed.