A.
The purpose of this article is to establish procedures for the installation,
use and maintenance of temporary (not greater than one year, except
for commercial or industrial uses generating less than 800 GPD of
sewage, or unless specifically approved by the Township Board of Supervisors)
holding tanks designed to receive and retain sanitary sewage whether
from residential or commercial sources when an alternate method to
on-site disposal is deemed necessary. 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.
B.
This article is intended to provide for an interim or temporary method
of sewage containment under circumstances where the West Brandywine
Township Municipal Authority has given approval for an extension to
an existing sanitary sewer system, or an on-site sewage treatment/disposal
system has been permitted by the Chester County Health Department
but construction of the system is not expected to be completed prior
to occupancy of the improved property. The system design shall be
sized to accommodate a minimum load of three days and shall be provided
with an alarm deemed acceptable to the Township and its Professional
Engineering Consultant.
The Board is hereby authorized and empowered to undertake within
the Township the control and methods of holding tank design, installation
and removal, and the collection, transportation and disposal of sewage
thereof.
A.
The Board of Supervisors is hereby authorized and empowered to adopt
such rules and regulations concerning holding tanks which it may deem
necessary from time to time to effect the purposes herein.
B.
All such rules and regulations adopted by the Board shall be in conformance
with the provisions herein, all other ordinances of the Township,
and all applicable laws and applicable rules and regulations of administrative
agencies of the Commonwealth of Pennsylvania.
The Board shall have the right and power to fix, alter, charge
and collect rates, assessments and other charges at reasonable and
uniform rates as authorized by applicable law.
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall be done solely by a hauler
approved by the Chester County Health Department; a list of the authorized
haulers can be located at septagereports.chesco.org/SeptageReports/crviewer4.aspx,
or you may call the Health Department. The disposal of sewage shall
be made only at sites approved by the PA DEP.
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this article, the provisions
of any applicable law and the rules and regulations of the Board,
Chester County Health Department and any administrative agency of
the Commonwealth of Pennsylvania.
B.
Permit only Township and Chester County Health Department approved
haulers and disposers to collect, transport and dispose of the contents
therein.
In addition to any other remedies provided in this article, any violation of § 148-7 shall constitute a nuisance and may be abated by the Township or Board by seeking appropriate equitable or legal relief from a court of competent jurisdiction.
In addition to the penalties provided in § 148-8, the Board is authorized to file appropriate actions at law or in equity in the Court of Common Pleas in and for Chester County or before any other body having jurisdiction over the persons and activities herein regulated to abate any violations and remove any holding tank not owned, operated, maintained or constructed in accordance with the provisions of this article. Violations of this article are declared to be public nuisances, abatable as such.
