The purpose of this article is to establish
procedures for the use and maintenance of holding tanks designed to
receive and retain sewage whether from residential or commercial uses
and it is hereby declared that the enactment of this article is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this Township. It is specifically
intended that such holding tanks be of a temporary nature and be permitted
only when specifically approved by the Chadds Ford Sewer Authority
as part of a plan providing a more permanent solution of disposal
of sewage for a particular property.
The use of an interim or repair sewage holding
tank may be permitted by the Authority providing the following minimum
criteria are met:
A. The use is consistent with good land use and planning and with the spirit, purpose and intent of Chapter
135, Zoning.
B. The property is suitable for a holding tank and the
use, if approved, will be susceptible to regulation or restriction
by appropriate conditions and safeguards.
C. The proposed use of a holding tank will serve the
best interests of the Township, the convenience of the community (where
applicable), and the public health, safety and general welfare.
D. The use of an interim holding tank is part of the
approved Township Act 537 Plan providing not only for the interim
holding tank but also for the permanent sewage disposal system.
E. The use of a repair holding tank is employed only
where there is no other suitable or acceptable method of sewage disposal
and the use is approved annually by the Authority.
The Authority is authorized and empowered to
establish within the Township the controls and methods for holding
tank sewage disposal and its collection and transportation and in
furtherance thereof:
A. It may adopt such rules and regulations concerning
the operation of the holding tank and sewage disposal which it may
deem necessary to effect the purposes herein.
B. As a condition to final subdivision and/or land development
approval, the Authority shall require that the property owner deliver
to the Township financial security, in an amount and form satisfactory
to the Township, to secure completion of the installation of the permanent
sewage disposal system, and that the delivery of this financial security
shall take place prior to the commencement of any work at the site.
The financial security shall be administered similar to the procedure
as set forth in the Municipalities Planning Code to the guarantee completion of the required improvements.
C. All such rules and regulations adopted by the Authority
shall be in conformity with the provisions herein, all other ordinances
of the Township, all applicable laws, and applicable rules and regulations
of administrative agencies of the Commonwealth of Pennsylvania.
Any person desiring to own, construct, operate
or maintain a new holding tank on lands within the Township shall
file an application therefor on a form supplied by or satisfactory
to the Authority, together with all plans and other materials necessary
to demonstrate compliance with all of the requirements of this article
and the design standards as defined herein. Upon approval by the Authority,
the application shall be forwarded to the Township Sewage Enforcement
Officer (SEO) (and/or DEP, if appropriate) who shall, if he finds
the application, plans and approvals to be in accordance with this
article, process the application in accordance with the Township regulations
(and/or DEP, if appropriate) and, upon approval, shall issue appropriate
permits.
The collection and transportation of all sewage
from any improved property utilizing a holding tank shall be done
solely by or under the direction and control of the Authority, and
the disposal thereof shall be made only at such site or sites as may
be approved by the Department of Environmental Protection of the Commonwealth
of Pennsylvania. The Authority shall receive, review and retain all
pumping receipts from and shall complete and retain annual inspection
reports for each permitted holding tank.
The Authority shall have the right and power
to fix, alter, charge and collect rates, assessments, and other charges
at reasonable and uniform rates, as authorized by applicable laws.
The owner of an improved property that utilizes
a holding tank shall:
A. Provide for the use of a holding tank only as an interim
or repair receptacle for the disposal of sewage as part of an overall,
more permanent sewage disposal plan.
B. Maintain the holding tank in conformance with this
or any ordinance of this Township, the provisions of any applicable
law, and the rules and regulations adopted by the Authority and any
administrative agency of the Commonwealth of Pennsylvania.
C. If the holding tank is installed for use other than
a single-family dwelling, aerate and design the tank to maintain a
minimum dissolved oxygen content of two milligrams per liter.
D. Permit only the Authority, its agent or such carrier
as it may approve to collect, transport and dispose of the contents
therein.
E. Submit to the Authority yearly an executed contract
for the holding tank maintenance with an approved sewage disposal
contractor.
F. At the time the permanent sanitary system is operational,
remove and properly dispose of the tank or, with the permission of
the Authority, incorporate the tank in the new system.
G. Submit to the Authority for its review and retention
all pumping receipts from permitted holding tanks.
H. Permit the Authority and any authorized agent thereof
to inspect holding tanks on an annual basis.
[Amended 12-14-2009 by Ord. No. 122]
Any person who violates or permits a violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a Magisterial
District Judge, pay a fine of not more than $600, plus all court costs,
including reasonable attorney's fees, incurred by the Township in
the enforcement of this article. No judgment shall be imposed until
the date of the determination of the violation by the Magisterial
District Judge. If the defendant neither pays nor timely appeals the
judgment, the Township may enforce the judgment pursuant to the applicable
Rules of Civil Procedure. Each day a violation exists shall constitute
a separate offense. Further, the appropriate officers or agents of
the Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
In addition to any other remedies provided in this article, any violation of §
95-9 above shall constitute a nuisance and shall be abated by the Township or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
The provisions of this article shall be retroactive
and applied to all existing holding tanks within the Township.