[HISTORY: Adopted by the Board of Supervisors of the Township of
Mount Joy 6-20-2002 by Ord. No. 2002-3. Amendments noted where applicable.]
The 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), as amended (the "Act"),[1] 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; provided, however, that the more restrictive provisions and requirements
shall prevail in the event of any conflict or inconsistency between the provisions
of this chapter and the Act and regulations.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
A.
The Sewage Enforcement Officer shall not issue a holding
tank permit unless such holding tank complies with the Act and regulations,
and until all of the titled property owners of the land on which the holding
tank will be located have executed an agreement as prescribed by this chapter.
B.
The form of the agreement is as follows:
|
MOUNT JOY TOWNSHIP HOLDING TANK PERMIT AGREEMENT
| ||||
|
THIS AGREEMENT, made this ______ day of __________________
20 ___, by and between MOUNT JOY TOWNSHIP, with an office at 902 Hoffman Home
Road, Gettysburg, Pennsylvania 17325 (hereinafter 'Township"), and ________________________________________
of ______________________________________________ (hereinafter "Owner").
| ||||
|
WHEREAS, Owner is the owner of real property located at
| ||||
|
_______________________________________, Mount Joy 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
| ||||
|
WHEREAS, Owner has applied to the Township through its Sewage
Enforcement Officer for a 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
| ||||
|
WHEREAS, the Township is willing to issue to 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.
| ||||
|
NOW, THEREFORE, WITNESSETH: that in consideration of the
parties' mutual promises and agreements contained hereon, in addition to the
foregoing recitals (which are incorporated herein), and intending to be legally
bound hereby and intending to bind his heirs, successors and assigns, the
Township and Owner hereby agree as follows:
| ||||
|
(1)
|
Township shall issue to Owner a Holding Tank Permit conditioned upon
and subject to Owner's strict compliance with all of the provisions of this
Agreement, the Act and the Regulations.
| |||
|
(2)
|
Owner shall furnish, install, and maintain Owner's 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.
| |||
|
(3)
|
Owner shall, either at the time of receipt of the Permit or within 10
days thereafter, and at any time 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 to dispose of the septage from Owner's holding tank.
| |||
|
(4)
|
Owner shall furnish the Township Secretary with written statements or
receipts indicating Owner's regular and proper pumping of Owner's holding
tank; such statements or receipts shall be furnished or exhibited at any time
upon demand of the Township's Sewage Enforcement Officer, and at least annually
to the Township Secretary.
| |||
|
(5)
|
Owner acknowledges and agrees that Owner's holding tank shall be subject
to inspections by the Township's Sewage Enforcement Officer, and for this
purpose Owner hereby grants to the Sewage Enforcement Officer permission to
enter upon Owner's above-mentioned property at any time, with or without notice.
Owner further agrees to have annual inspections of the holding tank performed
by a qualified inspector at Owner's expense, and to cause a copy of each inspection
report to be filed with the Township immediately after the inspection.
[Amended 9-22-2003 by Ord.
No. 2003-6] | |||
|
(6)
|
Owner acknowledges and agrees that Owner's failure to correct a violation
of any term or condition of the present Agreement or of the Act or of the
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.
| |||
|
(7)
|
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 the Regulations, results in the Township incurring
any cost or financial loss as a result of the breach, including attorney's
fees and court costs.
| |||
|
(8)
|
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.
| |||
|
IN WITNESS WHEREOF, the parties have duly executed this Agreement the
day and year first above written.
| ||||
|
ATTEST:
|
MOUNT JOY TOWNSHIP SUPERVISORS
| |||
|
|
By:
| |||
|
Secretary
|
, Chairman
| |||
|
[seal]
| ||||
|
WITNESS:
| ||||
|
|
| |||
|
, Owner
| ||||
|
|
| |||
|
, Owner
| ||||
|
|
| |||
|
, Owner
| ||||
All of the terms and obligations imposed pursuant to the agreement form
provided by this chapter are requirements imposed upon all property owners
or occupiers utilizing a septic holding tank. Those obligations are applicable,
as are the penalties stated herein, to all owners and/or occupiers of land
serviced by a septic holding tank even though an Agreement may have been lost
or never signed.
Any person, firm, corporation or other entity, who is an owner or occupier
of land serviced by a holding tank, and who violates the terms, conditions
and obligations of this chapter (as stated in this chapter and in the form
of agreement) shall be guilty of a summary offense, and shall, upon conviction,
be sentenced to pay a fine, or in default of payment thereof to an imprisonment,
as prescribed by the Second Class Township Code of the Commonwealth of Pennsylvania
for violation of an ordinance regulating health, public safety or water pollution
matters (see 53 P.S. § 6660 1(c)).
