[Adopted 6-25-2008 by Ord. No. 194]
The purpose of this article is to establish procedures for the
use and maintenance of existing and new holding tanks on improved
properties designed to receive and retain sewage whether from residential,
commercial or other 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 municipality.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
A watertight receptacle, whether permanent or temporary,
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. This definition shall include, but
shall not be limited to, the following:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank to which sewage is conveyed 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
shall or may be discharged.
Fallowfield Township, Washington County, Pennsylvania.
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 or
excrement or other discharges from the bodies of human beings 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 or any substance which constitutes
pollution under the Clean Stream Law (53 P.S. §§ 691.1
to 691.1001).
Fallowfield Township, Washington County, Pennsylvania.
The Township does hereby appoint the Washington County Sewage
Council (WCSC) as its designated agent, unless and until a subsequent
agent is appointed.
The Township, or its designated agent, is hereby authorized
and empowered to undertake within the Township the control and methods
of holding tank use, sewage disposal, and sewage collection and transportation
thereof in accordance with all applicable laws, rules and regulations.
The Township, or its designated agent, will complete and retain annual
inspection reports for each permitted tank.
The Township is hereby authorized and empowered to adopt such
rules and regulations concerning sewage which it may deem necessary
from time to time to affect the purposes herein.
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 all applicable rules
and regulations of administrative agencies of the Commonwealth of
Pennsylvania and the United States.
A.
All fees, including, but not limited to, permit fees, inspection
fees, and related costs, are to be paid to the Washington County Sewage
Council or to the Township if applicable.
B.
The Township shall have the right and power by resolution, including,
but not limited to, the following: to fix, alter, charge and collect
rates, assessments, and other charges in the area served by its facilities
at reasonable and uniform rates.
The owner of an improved property that utilizes a holding tank
shall:
A.
Obtain a permit from the Township or its designated agent prior to
the installment of any holding tank.
B.
Collect, transport, and deposit all sewage, from all improved property
utilizing a holding tank, to a Pennsylvania Department of Environmental
Protection approved site.
C.
Maintain the holding tank in conformance with this article and any other ordinance of the Township, the
provisions of applicable law, and the rules/regulations of the Township
and any administrative agency of the Commonwealth of Pennsylvania,
including, but not limited to, the Department of Environmental Protection.
D.
The property owner shall receive and retain pumping receipts from
permitted holding tanks and shall provide the Township or its designated
agent with copies of those receipts, as requested, or within a reasonable
time after receiving the same.
E.
Permit the Township, or its designated agent, to inspect holding
tanks on at least an annual basis or anytime upon request from the
Township or its designated official.
F.
Permit the Township, or its designated agent, to collect, transport,
and dispose of all sewage from improved properties utilizing holding
tanks if the property owner has failed to maintain the holding tank
as set forth in this article or any other applicable laws.
G.
If the property owner fails or refuses to comply with the orders
and directives of the Township or its designated agent as to the collection,
transportation, and disposal of all sewage from his improved property
utilizing holding tanks, the sewage will be collected, transported,
and disposed of by the Township or its designated official, and all
costs will be paid by the property owner, who will also be subject
to fines and penalties.
A.
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall be done under the direction
and control of the Township or its designated agent, and the disposal
thereof shall be made only at such site or sites as may be approved
by the Department of Environmental Protection of the Commonwealth
of Pennsylvania.
B.
The Township, or its designated agent, will receive, review and retain
pumping receipts from permitted holding tanks.
C.
The Township, or its designated agent, will complete and retain annual
inspection reports for each permitted holding tank.
All holding tanks permitted under this article shall be in existence
for a period of one year, which can be extended, with certain terms
and conditions, for another year. At the end of one year if the permit
has not been extended for the additional year, the owner shall be
responsible for replacing the holding tank with a sewage treatment
plant or sewage system approved by the Department of Environmental
Protection and the Township.
Any person, firm or corporation violating any provision of this
article, or who fails to act in compliance with this article, shall
be subject to the summary offense penalties of 35 P.S. § 750.13
and, in addition thereto, may be subject to the civil penalties of
35 P.S. § 750.13a.
In addition to any other remedies provided in this article, any violation of § 297-30 shall constitute a nuisance and shall be abated by the Township or its designated agent by either seeking mitigation of the nuisance or appropriate equitable relief, such as the right to seek injunctive relief to prevent the continued use of holding tanks, or legal relief from a court of competent jurisdiction.
The Township shall have the right and power by resolution to
adopt additional rules and regulations, and change, amend and/or delete
any of the provisions of this article.
Nothing in this article shall be construed or interpreted as
authorizing or permitting any activity which is prohibited by the
laws of the Commonwealth of Pennsylvania or the United States of America.
