Township of Richland, PA Holding Tanks

The written approval as issued by the Board of Supervisors and the Pennsylvania Department of Environmental Protection authorizing utilization of holding tanks.

HOLDING TANK

A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage by pumping and hauling it to an approved discharge 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.

IMPROVED PROPERTY

Any property within the Township of Richland where there is erected a structure or structures intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which sewage shall or may be discharged.

OWNER

Any person or persons vested with ownership, legal or equitable, sole or partial, of any property located in Richland Township.

PERSON(S)

Any individual, partnership, company, association, corporation or any other group or entity.

SEWAGE

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 substances harmful or inimical to the public health, safety or welfare, or to animal or aquatic life or to the use of any public or private water supplies used for domestic consumption or recreation.

TOWNSHIP

Richland Township, Cambria County, Pennsylvania.

§ 198-71 Rules and regulations.

The Township is hereby authorized and empowered to control within the Township all methods of holding tank sewage disposal, collection and transportation thereof.

The Township is empowered and shall adopt such rules and regulations concerning sewage disposal which it may deem necessary from time to time to effect the purposes herein.

All rules and regulations adopted by the Township will be in conformity with the provisions herein, all other ordinances of the Township and all applicable laws, rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.

The Township shall have the right and power to fix, alter and control rates, assessments, permit fees and any other charges applicable to sewage disposal as provided for herein.

The collection and transportation of all sewage from any improved property utilizing approved holding tank facilities shall be done solely under the direction and control of the Township and sewage disposal thereof shall be made only at such site or sites as may be approved by the Commonwealth of Pennsylvania, Department of Environmental Protection.

[Amended 1-21-1974]

§ 198-72 Permits and certification.

The owner of any property proposing to utilize a holding tank or tanks for on-site disposal of his or her sanitary sewage shall:

Apply for a township sewage facilities Act 537[1] permit in accordance with applicable laws of the Commonwealth of Pennsylvania.[2]

[1]

Editor's Note: See 35 P.S. § 750.1 et seq.

[2]

Editor's Note: Former Section 3(b), regarding proof of agreement between the owner and a sewage hauler, which immediately followed this subsection, was repealed 1-21-1974.

Attach proof of agreement between the contract hauler and an approved waste disposal site satisfactory to the Commonwealth of Pennsylvania Department of Environmental Protection.

All waste disposal haulers authorized to pump, transport and dispose of holding tank waste in the Township of Richland shall furnish to the Township Supervisors a schedule of their pumping quantities to allow the Township to ensure that tanks of sufficient size and capability are being utilized.

The township and/or its authorized representative shall inspect, prior to the installation of any holding tanks, their construction, watertightness, size and location, in conformance with their sewage facilities application.

If, in the opinion of the Township or its authorized representative, any holding tank facility is broken, leaking or not being satisfactorily pumped at regular intervals, the Township shall file violation proceedings and require immediate correction by the owner or operator of the property site involved.

The person, owner, occupant, tenant or agent of any property that utilizes a holding tank shall maintain said holding tank in conformance with this and any other ordinance of this township, the provisions of any applicable law of the Commonwealth of Pennsylvania and the applicable regulations of this township and any administrative agency of the Commonwealth of Pennsylvania.

§ 198-73 Violations and penalties.

Any person who violates or permits a violation of this Part 2 shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this Part 2. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

[Amended 1-4-2000 by Ord. No. 272]

In addition to any other remedies provided in this Part 2, any violation of any of the provisions herein shall constitute a public nuisance, and may be abated by the Township by seeking appropriate equitable or legal relief from a court of competent jurisdiction.