The purpose of this article is to establish procedures for the use and maintenance of holding tanks designed to receive and retain sewage for ultimate disposal at another location. The use of holding tanks is not encouraged but will be allowed in those circumstances where necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of the Township.
[HISTORY: Adopted by the Board of Supervisors of the Township of Salem as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-20-1974 by Ord. No. 1-1974]
Unless otherwise indicated, the following terms shall have the following meanings:
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" for the purposes of this article will be limited to the following:
RETENTION TANKA holding tank to which sewage is conveyed by a water carrying system.
The collector who removes the contents of a holding tank for purposes of disposing of the sewage at another site.
A comprehensive plan for the provision of adequate sewage systems to serve designated areas within the Township adopted pursuant to Pennsylvania Sewage Facilities Act (P.L. 537 and amendments).[1]
Any person vested with ownership, legal or equitable, sole or partial, of any property in the Township.
Any individual, partnership, company, association, corporation or other group or entity.
Any property on which there is erected or located 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.
Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and/or any noxious or deleterious substance 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.
Salem Township, Wayne County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
A.
Holding tanks require regular service and maintenance to prevent their malfunction and overflow and shall be used only in lieu of treatment tanks and subsurface absorption areas when all the following specific conditions are met:
(1)
A permit for a sewage treatment plant to service the area including the subject property has been issued and a commitment for a completion date of the sewage treatment plant has been made.
(2)
The applicable Official Plan or the revisions thereto indicate the use of a holding tank for that lot.
(3)
The Township has by suitable ordinance assumed responsibility for maintaining existing and new holding tanks and the Township has received Department of Environmental Resources approval for the Township's proposed disposal site.
(4)
The restrictions of Subsection A(1) and (2) do not apply to holding tanks when in use for institutions, recreational vehicle dump stations or commercial establishments with a sewage flow of less than 350 gallons per day.
[Added 6-13-2005[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection A(4) as A(5), which follows.
(5)
In addition to any design standards of the Township, the holding tank meets the design standards set forth in Chapter 5 of Title 35.
[Amended 6-12-1995]
B.
In addition to the foregoing, holding tanks may be allowed if the Township declares an emergency and finds them necessary in the emergency to eliminate a health hazard which cannot reasonably be avoided in any other way.
Each holding tank must:
B.
Have a minimum of 1,000 gallons' capacity.
C.
Be of durable material and watertight.
D.
Be equipped with a warning device to indicate when the unit is within 75% of capacity and which warning device shall create a visible or audible signal at a location frequented by the owner or his agent and easily accessible to the Holding Tank Inspector.
E.
Have no overflow but must have a tap from which the sewage will be pumped out.
F.
In the case of commercial lots, flows not to exceed 350 gallons per day.
[Amended 6-13-2005]
G.
Be buried in the ground.
[Amended 6-13-2005]
A.
No occupant or owner shall install a holding tank or begin to construct any building for which a holding tank is to be installed without first obtaining a permit indicating that the site and plans and specifications of such holding tank are in compliance with the provisions of the Township Official Sewage Plan, the provisions of this article and the rules and regulations adopted by the Township pursuant to this article.
B.
Application for a holding tank permit shall be made by the owner of the property on a form provided by the Township and shall follow substantially the same form and procedure as that for an application for a standard on-site sewage disposal system.
C.
A holding tank permit shall issued for an initial period of one year and, upon further application, from year to year thereafter, subject to the authority of the Township to determine that a holding tank permit shall not be issued after a certain date because of conditions of health, safety and welfare in the Township, or in a particular section of the Township, which make the continuation of the use of a holding tank impossible.
D.
The permit fee shall accompany the application or renewal application for a permit and shall be as set by resolution of the Board of Supervisors. No refund of any part of the fee shall be made if the holding tank is removed during a permit period nor shall any reduction of fee be made if the holding tank is installed during the permit year.
[Amended 6-12-1995]
E.
The permit year for holding tank permits shall be from October 1 to the following September 30 of each year.
F.
Applications for renewals of permits may incorporate by reference all of the information provided on the initial application, in which case all changes shall be noted on the renewal application.
G.
A bond in the amount of $10,000 shall be posted by the owner and accompany the application, and shall remain in effect for a period of one year from the date of said issuance. Each permit shall require an individual Bond. as set forth in this subsection. In the event that the holding tank permit is to be reissued, a new bond in the amount of $10,000 effective for a one-year period, shall accompany the reissue application. The bond shall provide that Salem Township, Wayne County, is the designated payee.
Regardless of the circumstances under which a permit for a holding tank was originally issued, each permit will automatically expire when central sewage collection and treatment services are available within 500 feet of the property.
Immediately upon expiration of a permit for a holding tank, the holding tank must be disconnected, and, within one year of such expiration, such holding tank must be rendered useless in a manner prescribed by the Township, unless under special circumstances the Township issues a written extension of time. Extensions of time shall be for not longer than six months and may be issued only at the discretion of the Township Board of Supervisors; provided, however, that extensions may be reissued if, in the discretion of the Township Board of Supervisors, they are required for the purpose only of allowing additional construction time to carry the central collection system to the subject property. Applications for extensions of time must be in writing with the reasons for such extension clearly stated. All decisions granting or refusing extensions must be made at an official Township meeting and noted in the Township Minute Book.
The owner of a property utilizing a holding tank shall maintain the holding tank in conformance with this article and any other applicable ordinance and regulation of the Township, the provisions of any applicable law and the rules and regulations of any administrative agency of the Commonwealth of Pennsylvania; and, further, shall permit only the Township or a collector or a holding tank cleaner designated by the Township to collect, transport and dispose of the holding tank contents; and, further, should the owner or anyone acting in the place of the owner fail to fulfill his or her obligations regarding the holding tank, then such owner shall be subject to the charges of the Township for fulfilling his or her obligations on his or her behalf, and the act of placing a holding tank within the Township constitutes authority by the owner to the Township to do so act and to make such charges against the owner; to secure the payment of possible charges (including but not limited to those of supervision and administration) the owner (or the developer on behalf of the owners within the development) shall place with the Township, prior to the issuance of a permit, an escrow account in such amount and subject to such forms as shall satisfy the Township that the Township shall not be required to assure any charges on account of the use of the holding tank in the Township.
A.
The Township shall appoint a Holding Tank Inspector who shall be responsible for the administration of this article. The Inspector shall be paid by the Township such fees as are set by the Township for his or her various services. The Inspector shall make such inspections of holding tanks as may be directed by the Township and shall process applications for permits, issue permits and make periodic reports to the Board of Supervisors, all under the direction and control of the Board of Supervisors.
B.
The Inspector may inspect any holding tank and the operation of the same at any reasonable time and without prior notice to the owner. No holding tank may be covered before an inspection is made by the Inspector; a request for inspection must be made by or on behalf of the owner at least 24 hours before covering.
C.
The Inspector must keep a record, in a book maintained for that purpose, of each holding tank, the date the permit was issued, the capacity of each tank and the location of the lot, as well as the location of the tank relative to the boundaries of the lot.
D.
The Inspector is authorized to request at any time signed receipts from the owner showing the dates when collections were made by a designated collector or holding tank cleaner.
E.
If, in the opinion of the Inspector, a holding tank is overfilled or malfunctioning in any way, the Inspector shall take whatever action as, in the discretion of the Inspector, may be required to correct the condition. The charges, if any, incurred by the Inspector shall be charged against the owner of the property by the Township; in addition, repeated instances of malfunctioning may, at the discretion of the Township, constitute grounds for revocation of the holding tank permit and an order to terminate use of the holding tank.
The Township shall, from time to time by resolution, set charges for services to holding tanks which may be done by the Township.
The collections and transportation of sewage from all holding tanks shall be done by the Township or its collectors or holding tank cleaners designated for such purposes. Collectors or holding tank cleaners may be designated as such by the Township upon satisfactory showing that the collector or holding tank cleaner has adequate equipment to satisfactorily carry out the obligations relative to collection and cleaning and disposal and that the collector or holding tank cleaner has authority in writing to dispose of the sewage at a site or sites approved by the Pennsylvania Department of Environmental Resources. Such designated collectors or holding tank cleaners shall at all times remain under the supervision and control of the Township while present within the Township. The collector or holding tank cleaner shall issue a signed receipt to the owner showing the date each collection is made, and, in return for such receipt, the owner (or his agent) shall thereupon pay the collector for the services rendered by the collector. The collector or holding tank cleaner shall periodically notify the Inspector of services rendered by the collector or holding tank cleaner in the Township.
The Township is hereby authorized and empowered to adopt by resolution such rules and regulations concerning holding tank sewage which it may deem necessary from time to time to effect the purposes of this article. All such rules and regulations shall not be inconsistent with the provisions of this article, other ordinances of the Township and applicable laws, rules and regulations of the Commonwealth of Pennsylvania. Every owner on whose property a holding tank is located is obligated to familiarize himself or herself with such rules and regulations and will be required to comply with the same.
[Amended 6-12-1995]
Any person who violates any provisions of this article shall, upon conviction thereof at a summary proceeding, be sentenced to pay a fine of not more than $600 and costs and, in default of payment of the same, to undergo imprisonment in the Wayne County Jail for a period not in excess of 30 days; each violation of each separate provision of this article shall constitute a separate violation; each continuing violation from day to day shall constitute a separate violation for each day.
In addition to any other penalty or provision for enforcement available, the Township may seek equitable or legal relief from an appropriate court having jurisdiction of the subject matter.
Violation of any provision of this article is hereby declared to be a nuisance, the abatement of which may be sought in an appropriate court having jurisdiction of the matter.
[Adopted 9-2-1975 as Ord. No. 1-1975]
This Article shall have as its purpose the establishing of procedures for issuing applications and permits in the enforcement of the Pennsylvania Sewage Facilities Act of January 24, 1966, P.L. 1535, and Act 208 (S.B. 1550) of 1974, and amendments thereto,[1] and all persons installing an individual or community sewage disposal system shall first obtain a permit which certifies that the site, plan and specifications of such systems are in compliance with the Pennsylvania Sewage Facilities Act of January 24, 1966, P.L. 1535, and Act 208 (S.B. 1550) of 1974,[2] and amendments thereto, and all other rules and regulations adopted pursuant to the Acts and conform to the provisions of this article and all other applicable ordinances and regulations.
As used in this article, the following terms shall have the meanings indicated:
The present property owner of record or his or her agent duly constituted in accordance with Department of Environmental Resources regulations.
The following administrative procedures shall be followed by the applicant and the Sewage Enforcement Officer.
A.
Part I of the application shall be completed by the applicant and submitted to the Sewage Enforcement Officer.
B.
Part II of the application shall be completed by the applicant and the Sewage Enforcement Officer, and a site shall be selected for a back hoe test pit, and, where necessary, a percolation test site shall also be selected. All costs incident to the preparations of said test holes shall be borne by the applicant.
C.
Part III of the application shall be completed by the applicant and the Sewage Enforcement Officer after the above-mentioned tests have been completed.
D.
The applicant shall provide information concerning the component parts of the sewage disposal system by utilizing a simple layout sketch in accordance with rules and regulations of the Sewage Facilities Act of January 24, 1966, P.L. 1535, and Act 208 (S.B. 1550) of 1974,[1] and amendments thereto. If necessary, additional sheets for layout sketches may be used.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
Applications for permits shall be available from the Sewage Enforcement Officer or the Township Secretary.
Upon compliance with the procedures set forth in § 82-18, the applicant shall be notified, in writing, by certified mail within seven days of receipt of the application if the application is denied; if said application is approved, the Sewage Enforcement Officer shall issue a permit, and the applicant shall be so notified, in writing, within seven days of the receipt of the completed application.
All applicants whose systems which, according to the provisions of Act 208 (S.B. 1550) of 1974,[1] and amendments thereto, require that the design and construction be supervised by a professional engineer shall pay all costs directly to the engineer commissioned by the applicant.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
A.
A fee as set by resolution of the Board of Supervisors shall be paid by check or money order to the Board of Supervisors of Salem Township upon making application for an individual or subsurface sewage disposal system. In addition to the initial application fee, a permit fee as set by resolution of the Board of Supervisors shall apply and be paid to the Board of Supervisors of Salem Township prior to installation.[1]
B.
The above-mentioned additional permit fees shall be used only to offset the expenses incident to the inspection of a particular system. Said fees do not cover the digging of any necessary test holes. All test holes are to be dug by the applicant.
A.
The Township of Salem, through its Sewage Enforcement Officer, has full responsibility for issuing, denying and revoking permits for on-site sewage permits. Permits shall be revoked by the Township of Salem at any time for any one or more of the following reasons:
(1)
When any change has occurred in the physical conditions of any lands which will materially affect the operation of an individual or community sewage disposal system.
(2)
When one or more tests material to the issuance of the permit has not been properly conducted.
(3)
When information material to the issuance of the permit has been falsified.
(4)
When the original decision of the local agency otherwise failed to conform to the provisions of the Act, as amended.
(5)
When the permittee has violated the provisions of Chapter 71 or 73 of Act 208, and its amendments thereto.
B.
On revocations of permits which occur only after written notice and 10 days' opportunity to request a hearing has been granted to the permittee, the Township shall hold a hearing within 15 days after request for such hearing. The Department of Environmental Resources shall be notified of the hearing by the Township.
When said application for permit is denied or revoked, the appeal procedure shall be as follows:
A.
Upon receipt by the applicant of a notice of denial or revocation of a permit, the applicant may, within 30 days, request a hearing, in writing, before the Board of Supervisors which shall be held within 15 days from the date of request. The Sewage Enforcement Officer shall be notified of the hearing.
B.
Any party aggrieved by a decision of the Board of Supervisors may appeal to the Court of Common Pleas within 30 days of the date of such decision. Notice of appeal shall be served on the Board of Township Supervisors, and proof of such service shall accompany the filing of the appeal.
Anyone installing a subsurface sewage disposal system in violation of any provision of this article shall be guilty of a summary offense and subject to a fine of not less than $100 nor more than $300 and costs and, in default of payment thereof, to a period of imprisonment not exceeding 30 days, per offense. Every day in which said violator fails to comply with the provisions of this article shall constitute a new and separate offense.