[Amended 12-7-1999 by Ord. No. 99-7]
This article shall be knows as the "Lower Frederick
Township Holding Tank Ordinance."
This article is authorized by the Pennsylvania
Clean Streams Law, Act of 1937, June 22, P.L. 1987, as amended, 35
P.S. § 691.1 et seq.; the Pennsylvania Sewage Facilities
Act, Act of 1966, Jan. 24, P.L. (1965) 1535, as amended, 35 P.S. § 750.1
et seq.; and by the applicable regulations of the Department of Environmental
Protection including, specifically, 25 Pa. Code, Section 71.63.
The purpose of this article is to provide for
the installation, maintenance, and removal of holding tanks; and to
provide a means of assuring the proper security is provided to enable
the Township of Lower Frederick to properly remove such tanks should
the owner thereof default on his responsibilities and to establish
penalties for violations of said article.
When used in this article, the following words
shall have the meanings ascribed to them herein:
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq., also known as the "Pennsylvania Sewage
Facilities Act."
The Board of Supervisors of Lower Frederick Township, Montgomery
County, Pennsylvania.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
A tank, whether permanent or temporary, to which sewage is
conveyed by a water-carrying system.
The Montgomery County Health Department.
The Lower Frederick Township Act 537 Sewage Facilities Plan
as approved by the DEP.
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau, or agency of the commonwealth or other political subdivision,
municipality, district, authority, or any other legal entity whatsoever
recognized by law. Whenever used in any clause prescribing or imposing
a penalty or imposing a fine or imprisonment, the term "person" shall
include the members of an association, partnership or firm and the
officers of any local agency or municipality, public or private corporation
whether for profit or not for profit.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site.
A substance that contains the waste products or excrement
or other discharge from the bodies of human beings and noxious or
deleterious substances 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 Pennsylvania Clean Streams Law.[1]
The SEO is an official appointed by Lower Frederick Township
or assigned by the Montgomery County Health Department (MCHD) who
issues permits, reviews permit applications, sewage facilities planning
modules, and conducts investigations and inspections necessary to
implement the Sewage Facilities Act and the regulations thereunder.
[1]
Editor's Note: See 35 P.S. § 691.1
et seq.
The provisions of this article shall apply to
all persons owning any property within Lower Frederick Township serviced
by a holding tank for the first time after the effective date of this
article and to all persons within Lower Frederick Township installing,
repairing, altering, or removing a holding tank. This article shall
not apply to existing holding tanks lawfully in use at the time of
the enactment of this article.
A.
Holding tank permits may only be issued by the SEO
for:
(1)
Institutional, recreational, or commercial establishments
and which have a sewage flow of 800 gallons per day or less; or
(2)
When the SEO has certified that an existing residential
system has failed and that the site is unsuitable for any replacement
system so that a holding tank is necessary to remedy the existing
system failure or abate a nuisance or public health hazard; or
(3)
When the property will be connected to a community
sewage system within one year of the installation of the holding tank
so that said holding tank will be for a temporary measure only. If
connection does not occur within one year, the permit may be extended
by the SEO, upon approval by the Board, for an additional one-year
period. In no case shall the permit be extended more than three times.
B.
A permit for a temporary residential holding tank
may be issued by the SEO for a period of up to one year, upon Board
approval that there are unusual circumstances which make it impractical
on a temporary basis for the owner to connect to the permanent approved
system to be constructed.
All permits issued by the SEO shall meet the
following requirements:
A.
No person shall install, construct, or alter a holding
tank system without first obtaining a permit indicating that the site
and the plans and specifications of such system are in compliance
with the provisions, standards, and regulations adopted pursuant to
Act 537.
B.
No holding tank shall be covered from view until approval
to cover the same has been given by the SEO. If 72 hours have elapsed,
excepting Sundays and holidays, since the SEO received notification
of completion of construction, the applicant may cover said system
or structure unless permission has been specifically refused by the
SEO.
C.
The holding tank permittee shall notify the Township's
SEO of the scheduled construction of the holding tank so that inspections
in addition to the final inspection required by Act 537 may be scheduled
and performed by the SEO.
D.
No zoning permit, building permit or occupancy permit
shall be issued by Lower Frederick Township or its designated Zoning
Officer for a building which will contain a holding tank until a valid
permit under this article and Act 537 has been obtained from the SEO.
E.
No zoning, building, or occupancy permit shall be
issued and no work shall begin on any alteration or conversion of
any existing structure if served by a holding tank if said alteration
or conversion will result in an increase or potential increase in
sewage flows from the structure until the structure's owner receives
from the SEO either a permit for alteration of replacement of the
existing holding tank or written notification that such a permit will
not be required. The SEO shall determine whether the proposed alteration
or conversion of the structure will result in increased sewage flows.
F.
No building or occupancy permit shall be issued for
any structure to be served by a holding tank until the owner of said
structure has entered into an agreement and provided the security
required under this article.
The SEO shall have the right to conduct inspections
of holding tanks as follows:
A.
The SEO may conduct, at a minimum, an annual inspection
of each holding tank within the Township and prepare a written inspection
report, one copy of which shall be delivered to the owner of the property
and one copy shall be retained by the SEO.
B.
In addition to required yearly inspections, any holding
tank may be inspected by the SEO or a designated Township official
at any reasonable time.
C.
All inspections may include a physical tour of 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.
D.
The SEO shall have the right to enter upon all land
for the purpose of inspections described above.
Only normal domestic wastes shall be discharged
into any holding tank. The following shall not be discharged into
a holding tank system:
A.
Industrial waste.
B.
Automobile oil and/or other nondomestic oil.
C.
Toxic and/or hazardous substances and/or chemicals,
including but not limited to pesticides, disinfectants, acids, paints,
paint thinners, herbicides, gasoline and/or other solvents.
D.
Surface or ground water, including water from roof
and/or cellar drains, springs, basement sump pumps and/or trench drains.
Every owner of a lot with a holding tank shall
have the following duties of maintenance:
A.
Any person owning a lot served by a holding tank shall
have said holding tank shall have said holding tank pumped by a qualified
pumper/hauler at least once every year. The person must submit documentation
to both Lower Frederick and the SEO illustrating that the holding
tank has been pumped according to this requirement. This required
pumping frequency may be increased at the discretion of the SEO based
upon the officer's inspection of the holding tank.
B.
Any person owning a lot served by a holding tank shall
have said holding tank pumped by a qualified pumper/hauler when the
tank is filled to within 75% of tank capacity. The holding tank shall
be equipped with a warning device that creates an audible and visual
signal when the tank reaches 75% of capacity. The warning device shall
be placed in a location frequented by the property owner or tenants.
C.
Any person owning property served by a holding tank
shall submit, with each required pumping receipt, a written statement,
from the pumper/hauler or from any other qualified individual acceptable
to the Township, that the tank has been found to be in good working
order. Any person whose tank has been determined to require repair
or replacement shall first contact the SEO for approval of the necessary
repair.
D.
In the event that the person who is the property owner
of any property containing a holding tank has failed to submit the
above-required receipts to Lower Frederick Township and the SEO evidencing
that the tank has been pumped at the required frequency, the Township
shall have the ability to have the tank pumped by a licensed pumper/hauler
with the cost to be billed to the person owning the property upon
which the tank is installed. In the event that said person refuses
to pay said bill the Township may draw upon the security provided
under this article to pay for said pumping, revoke any municipal permits
issued in conjunction with and including the holding tank permit,
and avail itself of any other remedy afforded the Township by law
or statute.
A.
No person shall operate a holding tank system and
no building, zoning or occupancy permit shall be issued for the occupancy
of any structure if said structure will be served by a holding tank
system until said person has posted security as required under this
article.
B.
Said security shall consist of $3,000, to be placed
in escrow.
C.
In addition to financial security, a holding tank
maintenance agreement shall be entered into by the person owning and/or
installing said tank and Lower Frederick Township. Said agreement
shall be prepared by the Township Solicitor.
D.
Said agreement and escrow shall permit the Township
to draw upon said escrow in order to undertake required maintenance
which the owner of the holding tank has not undertaken including pumping
the holding tank, other maintenance and/or repairs, and the removal
of said holding tank.
A.
No person shall operate and maintain a holding tank
in such a manner that it malfunctions. All liquid wastes, including
kitchen and laundry wastes and water softener backwash shall be discharged
to a tank. No holding tank shall discharge untreated or partially
treated sewage to the surface of the ground or into the waters of
the commonwealth unless a permit to discharge has been obtained from
DEP.
B.
The Township may issue a written notice of violation
to any person who is the owner of property in the Township which is
found to be served by a malfunctioning holding tank or which is discharging
raw or partially treated sewage without a permit.
C.
Within seven days of notification by the Township
that a malfunction has been identified, the property owner shall make
application to the SEO for a permit to repair or replace the malfunctioning
tank. Within 30 days of issuance of the permit, construction of the
permitted repair or replacement shall commence. Within 60 days of
the issuance of a permit by the Township, the construction shall be
completed unless the Township shall extend the period.
D.
Failure to apply for a permit or to complete the repair or replacement within the times specified in Subsection C shall constitute a violation of this article.
E.
The Township's SEO shall have the authority to require
the repair of any malfunction by the following methods: cleaning,
repair or replacement of components of the existing system, adding
capacity or otherwise altering or replacing the system's treatment
tank, or other alternatives as appropriate for the specific site.
F.
In lieu of, or in combination with, the remedies described in Subsection E above, the SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water using devices and appliances in the structure may be required to be retrofitted with water saving appurtenances or they may be required to be replaced by water conserving devices and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served.
G.
Should none of the remedies described above prove
totally effective in eliminating the malfunction of any existing holding
tank, the property owner is not absolved of responsibility for that
malfunction. The Township may require whatever action is necessary
to lessen or mitigate the malfunction to the extent that such is necessary.
H.
Failure of the landowner to take the actions required in this § 123-61 relating to malfunctioning systems shall constitute a public nuisance and a violation of this article.
I.
Should the remedies provided above not prove effective
in eliminating the malfunction of any existing holding tank, the Township
shall have the remedy of requiring the property owner to remove said
system. Should the property owner refuse to remove said system then
the Township shall have the ability to accomplish the removal drawing
upon the funds provided under the security agreement entered into
between the property owner and the Township.
The Board of Supervisors shall establish by
resolution a schedule of fees. Costs for the completion of required
water quality testing and Township SEO inspections shall be assessed
to the property owner. It shall be each individual property owner's
responsibility to contract with a qualified pumper/hauler for the
pumping of the owner's holding tank.
Where a property owner or other person fails
to maintain, repair or replace a holding tank system after notice
pursuant to the terms of this article, such failure shall constitute
a public nuisance and a violation of this article. The Township may
abate the nuisance by performing the work needed, or by contracting
to perform the work needed to abate the nuisance, and may charge the
landowner or other responsible person for the cost thereof plus a
penalty of 20%. Said cost plus penalty may be collected by civil action
or by the filing of a lien according to law. Such costs, plus penalty,
may also be drawn from the financial security provided for in this
article and posted in accordance with the holding tank maintenance
agreement.
The contents of holding tanks shall be disposed
of as follows:
A.
The contents of all holding tanks originating within
the Township shall be disposed of at sites or facilities approved
and permitted by DEP. Approved sites or facilities shall include the
following: septage treatment facilities, wastewater treatment plants,
composting sites, and approved farm lands.
B.
Pumper/haulers operating within the Township shall
operate in a manner consistent with the provisions of the Act of July
28, 1988, P.L. 556, No. 101, as amended, 53 P.S. 4000.101 et seq.,
known as the "Municipal Waste Planning, Recycling and Waste Reduction
Act."
Nothing contained in this article is intended
to regulate any existing or future agricultural activities conducted
in the Township.
The Township shall fully utilize those powers
it possesses through enabling statutes and ordinances to effect the
purposes of this article.
Any person aggrieved by any notice, action,
or determination may appeal to the Board within 30 days in writing
and pursuant to the Act of 1978, April 28, P.L. 202, No. 53, as amended,
2 Pa.C.S.A. §§ 105 and 551 et seq., known as the "Local
Agency Law."
[Amended 10-4-2005 by Ord. No. 05-09]
Any person who shall violate any of the provisions
of this article, or who shall fail to act upon notice or determination
of the SEO or other authorized agent of the Township within the time
stated in the notice on determination, 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 less than $100 nor 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 30 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 chapter that is violated shall also constitute a separate
offense. It is further provided as follows:
A.
Failure to appeal a notice or determination pursuant to § 123-67 and the Local Agency Law shall constitute an admission of the violation and a failure to utilize administrative remedies.
B.
This article constitutes an ordinance enacted for
the purposes of property maintenance, public health and safety, and
for water and air pollution violations, for the purposes of 53 P.S.
§ 66601.
C.
In addition to all other remedies, the Township may
institute suits in equity to restrain or prevent violations of this
article, or to abate public nuisances.
D.
The Township may file municipal liens for abatement
of nuisances in accordance with Pennsylvania law.
E.
The Township may revoke any zoning permit, building
permit and/or occupancy permit which was issued in conjunction with
and including the holding tank permit.
