[Adopted 3-9-1995 by Ord. No. 1995-2; amended in its entirety 11-15-2018 by Ord. No. 2018-3[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 95-59 through 95-61 as §§ 95-61 through 95-63, respectively.
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.[1] 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[2] 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."
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A. 
It shall be unlawful for any person to install, operate, use, alter or maintain a chemical toilet or holding tank as part of a sewage system within the Township without first having been issued a permit by the Township through its appointed Sewage Enforcement Officer.
B. 
It shall be unlawful for any person to install, operate, use, alter or maintain a chemical toilet or holding tank, the design, operation and maintenance of which does not comply with each of the requirements of this Part 3, the regulations promulgated hereunder and the statutes, rules and regulations of other state or county regulatory agencies having jurisdiction.
C. 
It shall be unlawful for any person to violate any other provision of this Part 3 with respect to the installation, operation or maintenance of a chemical toilet or holding tank.
D. 
Holding tanks must meet the construction requirements outlined in the Pennsylvania Code, Title 25, Chapter 73.
E. 
It shall be unlawful for any person to abandon the use of an existing holding tank or treatment tank within the Township without first having been issued a permit by the Township through its appointed Sewage Enforcement Officer.
F. 
It shall be unlawful for any person to begin construction of a dwelling or other building without first having been issued a permit by the Township and without first having a chemical toilet on the lot, which chemical toilet shall remain on the premises until the regular septic system is in operation.
A. 
Any landowners seeking to use a chemical toilet or holding tank for sewage disposal or seeking to abandon the use of an existing tank or treatment tank on any lot situated in the Township shall first obtain from the Sewage Enforcement Officer.
B. 
The permit application, which shall be in a form adopted by resolution of the Supervisors from time to time, can be obtained from the Sewage Enforcement Officer.
C. 
The landowner shall file the completed and executed application with the Sewage Enforcement Officer and shall pay to the Sewage Enforcement Officer the appropriate application fees. All checks shall be made payable to Washington Township. The Township shall have the right and power to fix, alter, charge and collect rates, assessments and other charges for permits issued under this Part 3. Permit fees shall be set by a resolution of the Board.
D. 
The landowner shall cooperate with the Sewage Enforcement Officer at all stages of the application process.
E. 
Chemical toilets. Prior to the permit being issued for chemical toilets, the landowner shall obtain and file with the Sewage Enforcement Officer a copy of each of the following documents:
(1) 
A written plan stating the proposed temporary use which requires chemical toilets, the number proposed, the number of people that can be handled for a designated time period, the frequency toilets will be emptied and the beginning and ending dates toilets will be used. The maximum length of any one continuous period of time that a chemical toilet may be used on a property shall be eight months.
(2) 
A written contract between the landowners and a registered liquid waste hauler for the term of the holding tank permit, which contract shall provide for timely and regular removal of the contents of the chemical toilet by the liquid waste hauler and for the removal of said contents to a DEP-approved disposal site for final disposition. The contract shall require the hauler to provide the Sewage Enforcement Office copies of pumping receipts on a regular basis. The contract shall include a provision requiring at least 14 days' written notice to the Sewage Enforcement Officer prior to termination.
(3) 
A written contract between the registered liquid waste hauler and the DEP-approved disposal site providing the liquid waster hauler with the right to dispose of the chemical toilet contents at the disposal site.
(4) 
An agreement to reimburse and indemnify the Township for any liability, costs and expenses which shall or may be incurred by the Township in actions to enforce compliance by the landowner or to remove the contents of the chemical toilet, or the chemical toilet, upon default or failure of the landowner to perform or for any fines incurred by the Township or Sewage Enforcement Officer by reason of the landowner's failure to comply with this Part 3 and any properly enacted amendment hereto or the law and regulation of the Commonwealth of Pennsylvania and Berks County. The agreement shall be in the form required by the Township.
F. 
Holding tanks (excluding chemical toilets). Prior to a permit being issued for a holding tank (excluding chemical toilets) the landowner shall obtain and file with the Sewage Enforcement Officer a copy of each of the following documents:
(1) 
A detailed plan which shall comply, in all respects, to the specifications set forth in Regulations of the Department, 25 Pa. Code Chapter 73, inclusive, and 25 Pa. Code § 71.63.
(2) 
A written contract between the landowners and a registered liquid waste hauler, which contract shall provide for timely and regular removal of the contents of the holding tank by the liquid waste hauler and for the removal of said contents to a DEP-approved disposal site for final disposition. The contract shall include a provision requiring at least 90 days' written notice to the Sewage Enforcement Officer prior to termination.
(3) 
A written contract between the registered liquid waste hauler and the DEP-approved disposal site providing the liquid waster hauler with the right to dispose of the holding tank contents at the disposal site.
(4) 
An agreement to indemnify, save and hold the Township harmless for or any liability, costs and expenses which shall or may be incurred by the Township in actions to enforce compliance by the landowner or to remove the contents of the holding tank, or the holding tank, upon default or failure of the landowner to perform or for any fines incurred by Township or Sewage Enforcement Officer by reason of the landowner' s failure to comply with this Part and any properly enacted amendment hereto or the law and regulations of the Commonwealth of Pennsylvania and Berks County. The agreement shall be in the form required by the Township.
(5) 
An agreement that the landowner will indemnify, save and hold the Township harmless for any of its engineering and legal fees incurred in reviewing this application for permit and any revision of its Act 537 Plan, and in the review and execution of the agreements hereunder, agrees to pay all Township fees for inspection of the holding tank as may be set, from time to time, by the Board of Supervisors, and agrees that any costs incurred by the Township for inspections, repairs and/or replacement of the tank, or in the removal of effluent, or the connection to a sewer system, including legal fees, expert fees, administrative and court costs, shall be recoverable by the Township from the landowner. In the event the landowner (or his heirs, successors or assigns) shall fail to pay the Township such fees, costs or expenses, the Township shall have the right either to sue the said landowner for reimbursement of its costs or to cause a line to be placed on the property in the amount of said expense, in addition to any other remedies set forth herein or otherwise available at law or equity.
(6) 
The contracts required under Subsection F(4) and (5) above shall remain in full force for the entire period of operation of the system, and failure by the owner to renew such contracts or submit proof of another contract or contracts satisfactory to the Board shall constitute a violation of this Part 3.
G. 
Abandonment of existing holding tanks. Prior to being issued a permit to abandon an existing holding or treatment tank, the landowner shall obtain and file with the Sewage Enforcement Officer a copy of the following documents:
(1) 
A letter stating the name, address, phone number and DEP registration number of the registered liquid waste hauler who will be pumping the holding tank contents.
(2) 
A letter stating the name, address and phone number of the contractor that will be removing the tank or filling it with clean earth.
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.
A. 
Any holding tank installed or maintained pursuant to a permit issued under this Part 3 shall comply, in all respects, with the specifications set forth in regulations of the Department, 25 Pa. Code Chapter 73, inclusive, and 25 Pa. Code § 71.63.
B. 
The landowner shall cause the holding tank and all lines, pipes, or conduits to the same to be maintained in a good watertight condition at all times.
C. 
All holding tanks shall be installed on firm and stable soil or subsoil and in such manner as to prevent settlement or movement.
D. 
No holding tanks or lines to the holding tank shall be covered until the Sewage Enforcement Officer shall have first inspected and approved the installation and authorized covering the same. The landowner shall be responsible for furnishing the Sewage Enforcement Officer reasonable notice of the installation.
A. 
Any landowner who applied for and received a permit for a holding tank shall be deemed to have granted his consent for inspections of the holding tank and facilities used in connection with the holding tank by a representative of the Township or the Sewage Enforcement Officer. At reasonable times during the hours of 8:00 a.m. to 6:00 p.m., the landowner shall grant the Township or Sewage Enforcement Officer representative access to the premises for the purpose of making such inspections upon request of the representative verbally or in writing. All holding tanks shall be inspected once every year by the Township or Sewage Enforcement Officer. A written inspection report shall be prepared for all such inspections and all inspection reports shall be retained by the Township.
B. 
Any landowner receiving a holding tank permit shall furnish to the Sewage Enforcement Officer or Township a true and correct copy of all pumping receipts for cleaning or removal of the contents of the holding tank(s) within 10 days after the contents of the holding tank(s) are removed. Such receipts shall be reviewed by the Sewage Enforcement Officer and retained by the Township.
C. 
The failure of the landowner to permit inspection of holding tanks or equipment or facilities used in connection with the holding tanks, or the failure of the landowner to have the holding tanks properly maintained and pumped out, or the failure of the landowner to furnish pumping receipts to the Township in a timely fashion shall be grounds for immediate revocation of permits.
A. 
In the event a holding tank permit has been issued for new construction pending the installation of an off-site sewage disposal system, the landowner shall remove or cause the removal of the holding tank within 20 days after the use of the off-site sewage disposal system is made available to the landowner and shall connect with the off-site disposal system in the same time. The Sewage Enforcement Officer shall be given prior notice of this action.
B. 
In the event an existing holding tank is abandoned, the tank shall be removed and the hole filled and compacted with clean earth or, in the alternative, the tank shall be completely crushed and the hole filled and compacted with clean earth. This action shall take place within 20 days of the end of use of the holding tank. The Sewage Enforcement Officer shall be given prior notice of this action.
C. 
The Township, at its election, shall have the right to enter upon the premises of a landowner for the purpose of removing or causing the removal of any holding tank which remains in place in violation of this Part 3. "Township," as used herein, shall mean the Township, its employees or third parties contracted by the Township for the purpose of removing the holding tank. All costs and expenses of removal shall be borne by the landowner. The Sewage Enforcement Officer shall be given prior notice of this action.
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.
A. 
Any landowner aggrieved by denial of permit application shall first appeal to the Board in writing.
B. 
The procedure for appeal shall in all respects conform to the procedure for appeal from denial of a sewage permit by the Sewage Enforcement Officer of the Township as provided by law.
A. 
Any person, firm or corporation who shall violate any provision of this Part 3, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $500 nor more than $1,000, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days.
B. 
Where the violation continues from day to day, the landowner, after written notice, fails to correct or cease such violation, each day's continuance shall constitute a separate violation.
C. 
Violations involving the discharge of sewage to the ground surface or into the waters of the commonwealth shall constitute a violation of state law and will result in the issuance of criminal citations against the landowner in District Court by the Sewage Enforcement Officer. Each day's continuance of said violation shall constitute a separate violation and may result in additional citations being filed against the landowner.
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.