[Adopted 6-7-1990 as Ch. 18, Part 2, of the 1990 Code]
Procedures and requirements, relative to the
issuance of holding tank permits, shall be as set forth in the Pennsylvania
Sewage Facilities Act, No. 537, P.L. 1535 (1965),[1] as amended (the “Act”), and the Rules and
Regulations promulgated thereunder (the “Regulations”)
by the Pennsylvania Department of Environmental Protection (“DEP”),
which Act and Regulations, as from time to time revised, amended or
supplemented, are hereby incorporated herein by reference as fully
as those set forth at length herein; the provisions and requirements
of this article are intended to supplement said Act and Regulations.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
[Amended 2-5-1998 by Ord. No. 1998-01]
The issuance of any holding tank permit by the
Franklin Township Sewage Enforcement Officer shall be specifically
conditioned upon, among other things, the applicant's execution and
delivery unto the Franklin Township Board of Supervisors of a Franklin
Township Holding Tank Permit Agreement, as well as said applicant's
full compliance with the terms of said Agreement, the provisions of
this article and the Act and Regulations. The form of said Franklin
Township Holding Tank Permit Agreement shall be substantially as follows:
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FRANKLIN TOWNSHIP HOLDING TANK PERMIT AGREEMENT
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THIS AGREEMENT, made this _____ day of ______,
20___, by and between FRANKLIN TOWNSHIP, a duly incorporated Second
Class Township and political subdivision of the Commonwealth of Pennsylvania,
of P.O. Box 309, Cashtown, Pennsylvania 17310, by its duly elected
or appointed and incumbent Board of Supervisors, party of the first
part, hereinafter referred to as the “Township”, and ________________________________,
of______________________ _______________________ Franklin Township,
Adams County, Pennsylvania ____________________________ party(ies)
of the second part, hereinafter referred to, in the singular or plural,
as the “Owner.”
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WHEREAS, Owner is/are the owner(s) of that certain
tract of real property, located at ___________________________________________________
Franklin Township, Adams County, Pennsylvania, the present Deed to
which is recorded in the Office of the Recorder of Deeds of Adams
County, Pennsylvania, in Deed/Record Book _____ at Page ______; and
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WHEREAS, Owner has/have applied to the Township,
by its Sewage Enforcement Officer, for the holding tank permit, in
accordance with the pertinent provisions of The Pennsylvania Sewage
Facilities Act (35 P. S. § 750.1 et seq.) (the “Act”)
and the Regulations of Pennsylvania Department of Environmental Protection
(25 Pa. Code § 71.1 et seq.) (the “Regulations”);
and
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WHEREAS, the Township is willing to issue unto
the owner a holding tank permit, subject, however, to owner's execution
and delivery of and strict compliance with the present Agreement,
the Act and the Regulations.
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NOW, THEREFORE, WITNESSETH: that, with the foregoing
incorporated by reference herein and deemed an essential part hereof,
and in consideration of the parties' mutual promises and agreements
contained herein, and intending to be legally bound hereby, the Township
and Owner hereby agree as follows:
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(1)
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Township shall issue unto owner a holding tank
permit, conditioned upon and subject to owner's strict compliance
with all of the provisions of the present agreement, the Act and the
Regulations.
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(2)
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Owner shall furnish, install and maintain Owner's
subject holding tank in conformity with all of the terms and conditions
of the owner's application and permit, as well as the pertinent provisions
of the Act, the Regulations and this Agreement.
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(3)
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Owner shall, at the time, or within 10 days
after, owner's receipt of the permit, and at any time thereafter upon
demand, furnish the Township Secretary with a copy of owner's contract
with a duly licensed holding tank collection/disposal operator or
company, along with said operator's or company's written contract
or authorization with an approved dumping site or sewage disposal
facility.
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(4)
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Owner shall, no less often than annually, furnish
the Township Secretary with written statements or receipts indicating
the regular pumping of owner’s holding tank. Owner shall also
furnish, at least annually, a written report on the inspection of
the owner’s holding tank by a qualified inspector. Owner shall
be responsible for having the holding tank inspected by a qualified
inspector and having the report furnished to the Township Secretary,
all at owner’s expense.
[Amended 5-6-2004 by Ord. No. 2004-05] | |
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(5)
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Owner acknowledges and agrees that owner's holding
tank shall be subject to periodic inspection, with or without notice,
by the Township's Sewage Enforcement Officer, and for this purpose,
owner hereby grants unto said Sewage Enforcement Officer license to
enter upon owner's above-mentioned property, at any time, with or
without, for purposes of such inspection.
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(6)
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Owner acknowledges and agrees that owner's failure
to correct a violation of any term or condition of the present Agreement
or the Act or Regulations, within 10 days of the date of written notice
from the Township or the Township's Sewage Enforcement Officer of
any such violation, shall constitute grounds for the immediate and
automatic revocation by the Township of the owner's permit.
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(7)
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Owner acknowledges and agrees that the Township
shall have the right to file a municipal claim or lien against owner's
above-mentioned property, in the event that owner's breach of the
terms and conditions of the present Agreement or the Act or Regulations,
causes or requires the Township to pay for damages or expenses, including
attorney's fees and court costs.
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(8)
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The parties hereto acknowledge and agree that
all references to the Township shall, whenever and wherever pertinent,
include the Township's Supervisors, Sewage Enforcement Officer, agents,
employees, and representatives.
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IN WITNESS WHEREOF, the parties have duly executed
this Agreement the day and year first above written
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ATTEST
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FRANKLIN TOWNSHIP SUPERVISORS
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(SEAL)
,
Secretary
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By:
,
Chairman
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WITNESS:
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, Owner
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, Owner
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, Owner
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, Owner
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Any person, firm, corporation or other entity,
or any agent thereof, who shall violate any provision of this article,
shall, upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not more
than $1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this article that is violated shall also constitute
a separate offense.
