The purpose of this Part
3 is to provide for and regulate the use, maintenance and removal of existing and new holding tanks and chemical toilets to protect the residents and inhabitants of Washington Township from danger and harm due to inadequate or malfunctioning on-site septic systems, to require that a chemical toilet be placed on each lot during construction of any new building, to permit the development and use lands with the temporary use of holding tanks under carefully controlled and regulated circumstances and to regulate the use and maintenance of holding tanks in conformity with the law, statutes and regulations of the Commonwealth of Pennsylvania and the Department of Environmental Protection.
As used in this Part
3, the following terms shall have the meanings indicated:
ACT
The Pennsylvania Sewage Facilities Act, 35 P.S. §§ 750.1
through 750.20, as from time to time amended.
BOARD
Board of Supervisors of the Township.
DEPARTMENT
Pennsylvania Department of Environmental Protection (DEP)
or its successor state agency.
DISPOSAL SITE
A suitable facility for the final disposition of human and
animal sewage and wastes, which facility shall have been and remains
approved for such purposes by the Department.
HOLDING TANK
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. The terms shall include:
A.
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
B.
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
C.
PRIVYA tank designed to receive sewage where water under pressure is not available.
LANDOWNER
The natural person or persons, partnership, corporation or
legally existing organization who owns legal, record or equitable
title to the land for which a holding tank permit is sought or issued.
LIQUID WASTE HAULER
A municipality, county, municipal authority or person, natural
or legal entity, registered by the Department as a liquid waste hauler
who removes the contents of a holding tank for the purpose of disposing
of the sewage at a Department-approved disposal site.
LOT
A parcel of land under ownership regardless of acreage. In
the event the subject lands are a portion of a larger parcel of grounds,
the large parcel of ground shall be considered as the "lot."
OFFICER
The state-certified Sewage Enforcement Officer appointed
by the Township to represent Washington Township.
PERSON
Any individual, partnership, company, association, corporation
or other group or entity.
REGULATIONS
The regulations of the Pennsylvania Department of Environmental
Protection, 25 Pa. Code, Subpart C, Chapters 71 and 73, as adopted,
and the future regulations of this Department pertaining to holding
tanks.
SEWAGE
Any substance that contains any of the waste products, excrement
or other discharge from the bodies of human beings or animals and
any 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 Clean Streams Law. The term does not include industrial waste as defined
under the Clean Streams Law or hazardous waste as defined under the
Solid Waste Management Act or agribusiness animal slurry pits.
SEWAGE ENFORCEMENT OFFICER
A person or firm appointed by the Township who reviews permit applications and sewage facilities planning modules, issues permits as authorized by the Act and conducts investigations and inspections that are necessary to implement this Part
3 and the rules and regulations promulgated hereunder.
TOWNSHIP
Washington Township, Berks County, Pennsylvania.
TREATMENT TANK
A watertight tank designed to retain sewage long enough for
satisfactory bacterial decomposition of the solids to take place.
The term includes "septic tank" and "aerobic sewage treatment tank."
Prior to the issuance of a permit for a holding
tank or chemical toilet, the applicant shall deposit funds in escrow,
in accordance with the schedule listed below, with the Township, to
be held by the Township in a separate Township account, to assure
reimbursement to the Township of the costs of collecting, transporting
and disposing of the contents of the holding tank or chemical toilet,
or repairing or correcting malfunctions of the holding tank or chemical
toilet, or ameliorating health hazards caused by the utilization of
the holding or chemical toilet if the landowner fails to do so. The
Township shall have the right to withdraw funds from the account for
such purposes without any specific consent from the landowner. In
the event it becomes necessary for the Township to draw on the account
for purposes set forth herein, the landowner shall replenish the account
immediately upon request of the Township so the balance required herein
is maintained at all times. Failure of the landowner to comply with
the requirements of this section shall be grounds for immediate revocation
of the holding tank or chemical toilet permit. Any monies remaining
in the account at the time the use of the holding tank or chemical
toilet is discontinued and the tank is properly filled or removed
shall be returned to the owner:
A. Chemical
toilets: $150 for each chemical toilet. In the case of multiple chemical
toilets on a single property covered by a single permit, the escrow
deposit shall be $150 for the first chemical toilet and $50 for each
additional chemical toilet.
B. Holding
tank (excluding chemical toilets): $500 for each holding tank with
a capacity of 3,000 gallons or less. The escrow amount for tanks with
a capacity in excess of 3,000 gallons shall be determined by the Township
on a case-by-case basis. (A combination of two tanks with a combined
capacity of 3,000 gallons or less, used with a single sewage system,
shall be treated as one holding tank for purposes of the escrow obligation
under this subsection.)
C. Vault pit
privy: $250 for each vault pit privy.
No permit for the use of a holding tank in the Township shall be issued, whether pursuant to this Part
3, any rules and regulations adopted hereunder or otherwise, unless the possible means of collecting and disposing of sewage at the property in question have been considered and found to be unusable.
In addition to any other remedies provided herein, any violation of this Part
3 may be deemed to constitute a nuisance and may be abated by the Board by seeking appropriate equitable or legal relief from a court of competent jurisdiction.