[Adopted 6-12-2001 by Ord. No. 01-04]
The purpose of this article is to establish
standards, regulations and procedures for the design, construction,
installation, use, maintenance and removal of new and existing holding
tanks designed to receive, retain and remove sewage whether from residential,
industrial, 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.
A.
ACT 537
AUTHORITY
BOARD
DEP
ENFORCEMENT OFFICER
HEALTH DEPARTMENT
HOLDING TANK
(1)
(2)
(3)
HOLDING TANK CLEANER
IMPROVED PROPERTY
LOT
MUNICIPALITY
OWNER
PERSON
SEWAGE
TOWNSHIP
Unless the context specifically and clearly indicates
otherwise, the meaning of terms used in this article shall be as follows:
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
The Upper Hanover Township Authority of Upper Hanover Township,
Montgomery County, Pennsylvania, charged with regulating sewer and
water usage within Upper Hanover Township.
The Board of Supervisors of Upper Hanover Township.
The office, by and through its representatives, servants,
agents and employees, of the Department of Environmental Protection
of the Commonwealth of Pennsylvania.
A person or agency appointed by any governmental, commonwealth
or municipal body or agency to perform inspections and issue permits
in connection with holding tanks.
The office of the Montgomery County Health Department or
such other agency, board or commission as shall be delegated to administer
the issuance of permits and promulgate resolutions governing on-site
sewage systems and/or on-site sewage treatment systems in the various
municipalities of Montgomery County, as authorized under the amendments
of Act 537.
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 PRIVY or PRIVYA holding tank designed to receive sewage where water under pressure is not available.
A municipal entity or person, including a holding tank owner,
who removes the contents of a holding tank for purposes of disposing
of the sewage at another site.
Any property within the Township upon which there is erected
a building, structure or other improvement intended for continuous
or periodic habitation and/or the occupancy or use of said site by
human beings or animals and from which structure, building or site
sewage shall or may be discharged.
A part of a subdivision or a tract, lot or parcel of real
estate used for building purposes, whether immediate or future, or
used and occupied for other than human activity.
The Upper Hanover Township, Montgomery County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property situate in the Township.
Any natural person, partnership, association or corporation.
Whenever used in any clause prescribing and imposing a penalty or
imposing a fine or imprisonment, or both, the term "person" shall
include the members of an association and the officers of a corporation.
Any substance that contains any of the waste products or
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 for recreation, or which constitutes
pollution under the terms and provisions of the Act of June 22, 1937,
P.L. 1987, No. 394, 35 P.S. § 691.1 et seq., known as the
"Clean Streams Law," as hereafter amended, supplemented, modified
or reenacted by the General Assembly of the Commonwealth of Pennsylvania.
The Upper Hanover Township, Montgomery County, Pennsylvania.
B.
Other definitions. All other words and terms, when
used in this article, shall have the meaning set forth in Act 537,
the Pennsylvania Sewage Facilities Act, and Title 25, Chapter 73,
Standards for Sewage Disposal Facilities, of the DEP, unless the context
clearly indicates otherwise.
Any person who is the owner of any lot or improved
property shall be subject to the requirements of this article and
shall be responsible for obtaining all required permits from the Township,
DEP, Health Department and any other agencies which issue and/or require
permits for on-site sewage facilities.
A permit issued by the Health Department and/or
DEP shall be required for the construction, installation, use and
maintenance of a holding tank on any lot or improved property situated
within Upper Hanover Township, and said holding tank shall be permitted
for industrial use, commercial use and residential use if necessary
to abate a public nuisance, but under all circumstances the holding
tank must be utilized in compliance with the DEP regulations.
No holding tank shall be installed or used for
the disposal of sewage until an application for such tank shall be
obtained from the Township. Property owners shall submit to the Township
copies of permits granted by DEP and/or the Health Department, as
well as plans showing size, shape, location, type of materials used
in the fabrication of the holding tank and details of its construction
sufficient to fully disclose the nature, location and operational
capacities of the same, prior to the construction or installation
of said holding tank. At the time of such application and every year
thereafter, the property owner shall also submit a copy of the contract
between the property owner and the holding tank cleaner, providing
for the pumping of such holding tank on a regular basis, said contract
having a term of not less than one year; a letter from an approved
sewage disposal site agreeing to receive said sewage from the property;
and an agreement, executed by the property owner, to be recorded and
to run with the land, binding the successors in title to observe the
duties, liabilities and obligations as are therein set forth pursuant
to this article.
The Township is hereby empowered to adopt, by
resolution, from time to time, such rules, regulations and standards
governing the design, construction, installation, use, operation,
maintenance and removal of holding tanks and the removal and disposal
of sewage from the same as may be determined necessary and appropriate
to protect the health, safety and general welfare of the inhabitants
of the Township; the terms of which shall be considered a part of
this article, and violation of the same shall be enforceable as if
said terms were incorporated herein. In addition, the holding tank
shall have, as a minimum, the following construction standards:
A.
Tank capacity. The minimum capacity allowed shall
be equal to either the daily flow times the longest interval, in days,
between collection plus one day of additional capacity or three days'
capacity, whichever is greater; provided, however, the minimum tank
capacity shall be at least 1,000 gallons for each equivalent dwelling
unit (EDU).
B.
Level indicator. An indicator to show the sewage depth
will be required. Also, a warning device using a light and sound alarm
shall be installed within the proposed property to be activated when
the tank is 75% full.
C.
Withdraw facilities. The tank shall be designed so
that it can be completely pumped out.
D.
Venting. The tank shall be designed with a vent to
the atmosphere. If odor problems occur, it will be the property owner's
responsibility to install the necessary filter system within 30 days
after written notice from the Township.
E.
All holding tanks shall be located so that the holding
tank cleaner pumping the same will have easy access to withdraw facilities
during all seasons of the year. Further, no truck used in removal
of sewage and disposal of the same shall exceed the capacity of 3,000
gallons, and no removal of sewage from a holding tank shall occur
before 7:00 a.m. or after 7:00 p.m., prevailing time, except in the
case of emergency.
F.
All access covers shall be airtight. Grade-level access
covers shall be secured by bolts or locking mechanisms or have sufficient
weight to prevent unauthorized access.
A.
No person shall install, construct, alter, replace,
rebuild or remove a holding tank or occupy any building or structure
for which a holding tank is to be installed without first obtaining
permits as may be required by the DEP and the Department of Health
and approval from the Township.
B.
No construction, installation or initial use of a
holding tank shall be permitted until and unless the property owner
shall first notify the Township of the intention to proceed with the
same, and no holding tank shall be covered from view until notice
of the same is given to the Township and the Township, by and through
its representatives, agents, servants and employees, has had an opportunity
to inspect the same.
C.
No building, occupancy or zoning permit shall be issued
by the Township or its Code Enforcement Officer for any new structure,
use or occupancy of the site requiring the installation of a holding
tank until the property owner has obtained the appropriate and necessary
permits from the DEP and/or Health Department and approval from the
Township.
D.
No building, occupancy or zoning permit shall be issued
and no work shall begin on any alteration or conversion of any existing
structure if said alteration or conversion will result in the increase
or potential increase in sewage flows from the structure/building,
unless and until the property owner has obtained approval from the
Township for alteration or replacement of the existing holding tank
or received written notification that such approval will not be required.
The Township, by and through its agents, servants and employees, shall
determine whether such alteration or conversion will result in increased
sewage flows.
Any landowner who abandons or discontinues the
use of a holding tank shall either remove the empty holding tank and
fill the hole with clean compacted earth or, in the alternative, shall
completely crush the empty tank and fill the hole with clean compacted
earth. This action shall take place within 20 days from the end of
the use of the holding tank or within 20 days from a directive from
the Township requiring the same. The Township shall be given prior
notice of any removal required under this section.
A.
Any holding tank may be inspected by the Township's
authorized agent or enforcement officer, such as may be designated
by the Board, at any reasonable time as of the effective date of this
article and shall be inspected by the Township, by and through its
agent or enforcement officer, at least one time within the first year
after such tank is installed and thereafter on at least an annual
basis or such additional inspections as are determined necessary to
determine that the use, maintenance and operation of the holding tank
will not result in leakage, seepage or escape of any material from
the holding tank and as may be necessary to protect, benefit and preserve
the health, safety and general welfare of the inhabitants of the Township.
B.
The inspection may include a physical tour of the
property, the taking of samples from surface water, wells, other groundwater
sources, the sampling of the contents of the holding tank itself and/or
the introduction of a traceable substance into the interior plumbing
of the structure served to ascertain the path and ultimate destination
of wastewater generated in the structure.
C.
The Township's authorized agent or enforcement officer
shall have the right to enter upon any premises or land for the purposes
of inspection described above.
D.
A written report shall be furnished to the property
owner of each property inspected, and a copy of said report shall
be maintained in the Township's records.
E.
A schedule of routine inspections may be established
by the Township if necessary to assure the proper function of the
holding tank.
F.
The Township, by its authorized agent or enforcement
officer, shall inspect holding tanks known to be or alleged to be
malfunctioning. Should said inspection reveal that the holding tank
is indeed malfunctioning, the Township, its authorized agent or enforcement
officer, shall request action by the Health Department to require
the correction of the malfunction. The property owner shall comply
with any and all regulations, requirements, rules, orders or directives
of the Health Department and/or the DEP relative to the use and operation
of said holding tank and specifically regarding any malfunctions and,
further, shall be required to undertake such additional steps to maintain,
repair, rehabilitate or replace said holding tank as may be hereinafter
set forth.
A.
Any person owning a property served by a holding tank
shall have the holding tank pumped by a qualified holding tank cleaner
as may be necessary to ensure the proper operation of said tank.
B.
Any person owning a building/structure serviced by
a holding tank shall submit to the Township service receipts from
the holding tank cleaner evidencing the removal of such material and
shall further provide the Township with documentation of maintenance
activity, including, but not limited to, cleaning and unclogging of
piping; servicing and the repair of tanks and lines; removal of obstructing
roots or trees; and the diversion of surface water away from the disposal
area.
A.
No person shall operate and maintain a holding tank
in such a manner that it malfunctions. All liquid wastes, including
kitchen and laundry waste, shall be discharged into the holding tank.
No holding tank shall be operated or maintained in such a way to allow
the discharge of sewage to the surface of the ground or into the waters
of the Commonwealth of Pennsylvania.
B.
Within seven days of notification by the Health Department,
DEP or Township that a malfunction has been identified, the property
owner shall have the holding tank pumped and shall make application
for a permit to repair or replace the malfunctioning systems. Within
30 days of initial notification of the malfunction, the property owner,
by and through its agents, servants and employees, shall commence
the construction, repair, rehabilitation or replacement of said holding
tank. Within 90 days of the original notification, the construction,
repair, rehabilitation or replacement shall be completed unless seasonal
or unique conditions mandate a longer period, in which case the property
owner shall make application to the Township for an extended completion
date.
C.
In the event that remediation, rehabilitation or repair
of the holding tank is ineffective in eliminating the malfunction,
the same shall be replaced, and in the absence of replacement and
continued malfunction of the holding tank, the property owner shall
terminate the use and occupancy of the building/structure so serviced
or the use and occupancy of the subject property until such system
is replaced or an approved alternative system is installed and activated.
A.
Any property owner shall, concurrent with said application
for approval of a holding tank, submit to the Township a fully executed
operation and maintenance agreement in such form as may be adopted
by the Township and shall tender to the Township such financial security,
in the nature of an irrevocable letter of credit and/or third-party
cash escrow agreement, in such amount as may be determined appropriate
by the Board.
(1)
For holding tanks with a capacity of 3,000 gallons
or less, the property owner shall provide into escrow $750 per holding
tank.
(2)
For holding tanks with a capacity exceeding 3,000
gallons, the property owner shall submit into escrow an amount being
sufficient to cover the cost of future operation and maintenance of
the holding tank over its designed lifetime up to a maximum of 50%
of the initial cost of the equipment and installation, estimates for
which amounts shall be submitted by the property owner for review
and approval by the Township Engineer.
B.
Said financial security shall be maintained in a form
approved by the Township for so long as the said holding tank remains
in place at a property. The Township, upon written notice from its
delegated agent or enforcement officer that an immediate health hazard
exists due to failure of property owner to maintain, repair or replace
said holding tank, as provided under the terms of this article, shall,
if a property owner persists in the failure to perform such maintenance
repair or replacement, have the authority, although not the duty,
to perform or contract or have performed the work required by such
notice, the cost for which shall be charged to the financial security
provided by the property and, if the said financial security is of
an amount insufficient to satisfy all such obligations, a lien shall
be entered therefor in accordance with the law to the benefit of the
Township. All monies and/or financial security remaining in the possession
of the Township at the time that the use of the holding tank is discontinued
and the tank is properly filled or removed shall be returned to the
owner.
A.
The Township shall fully utilize those powers it possesses
through enabling statutes, ordinances and codes to effect the purposes
of this article.
B.
The Township may employ an enforcement officer, Township
Manager, administrator or other persons as may be required to enforce
this article. The Township may also contract with private qualified
persons or firms as necessary to carry out the provisions of this
article.
C.
All permits, records, reports, files and other written
material relating to the installation, operation, use, maintenance
and malfunction of the holding tank shall become the property of the
Township. Existing and future records shall be available for public
inspection during normal business hours at the Township building.
All reports pertaining to permits, building permits, occupancy permits
and all other aspects of the use and occupancy of this site shall
be made available, upon request, for inspection by representatives
of the DEP and Health Department.
D.
The Board shall establish all administrative procedure
necessary to properly carry out the provisions of this article.
E.
The Board shall establish a fee schedule and subsequently
collect fees to cover the cost to the Township of administering this
article.
A.
It shall be unlawful for any person to install, operate,
use, alter or maintain a holding tank as part of a sewage system within
the Township without first having been issued a permit by the county
and/or state agency having jurisdiction.
B.
It shall be unlawful for any person to install, operate,
use, alter or maintain a holding tank where the design, operation
or maintenance does not comply with each any every requirement of
this article, any rules, regulations or resolutions adopted hereunder,
and the statutes, rules and regulations of other state or county regulatory
agencies having jurisdiction.
C.
It shall be unlawful for any person to fail to comply
with, violate or to cause or assist in the violation of any of the
provisions of this article.
D.
It shall be unlawful for any person to abandon a holding
tank without fully complying with the provisions of this article.
E.
Criminal penalties. Any person who violates any provision
of this article shall, upon conviction, be sentenced to pay a fine
of not less than $100 nor more than $1,000 for each separate offense
and/or may be sentenced to imprisonment not to exceed 90 days for
each separate offense. The Enforcement Officer of the Township is
authorized to issue or file nontraffic citations with the Magisterial
District Judge with jurisdiction for any violations of this article,
and the Solicitor for the Upper Hanover Township is hereby authorized
to prosecute these summary offenses.
F.
Civil penalties shall be as set forth in 35 P.S. § 750.13a.
[Amended 8-11-2009 by Ord. No. 2009-06]
[Amended 8-11-2009 by Ord. No. 2009-06]
In addition to any other remedies provided in
this article, any violation of this article shall constitute a nuisance
and may be abated by the Township, its Enforcement Officer, agents,
servants and/or employees as may be designated by the Board either
through enforcement of the Uniform Construction Code or through any
other appropriate equitable or legal relief from a court of competent
jurisdiction.
