[Adopted 1-9-2012 by Ord. No. 2-2012; amended in its entirety 10-14-2019 by Ord. No. 3178]
This article shall be known as the "Whitehall 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 that proper security is provided to enable the Township
of Whitehall 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 Commissioners of the Township of Whitehall,
Lehigh County, Pennsylvania.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
An equivalent dwelling unit, and for the purposes of this
article is defined to be a volume measurement in gallons per day of
expected sanitary sewage flow equal to that generated by a single-family
residential establishment. For the purposes of this article, that
expected sanitary sewage flow shall be 400 gallons per day.
A tank, whether permanent or temporary, to which sewage is
conveyed by a water-carrying system.
The Whitehall 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 that 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 or animals 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.
The official of Whitehall Township who issues permits, reviews
permit applications and sewage facilities planning modules, and conducts
investigations and inspections necessary to implement the Sewage Facilities
Act and the regulations thereunder.
The provisions of this article shall apply to all persons owning
any property within Whitehall Township serviced by a holding tank
for the first time after the effective date of this article and to
all persons within Whitehall 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.
Permits may be issued only for holding tanks that receive only
one E.D.U. of inflow per day or less.
All permits issued 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 and standards 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 issuing the permit 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 Board may require applicants for holding tank permits to notify
the Township's SEO of the schedule for 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 Whitehall 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 or 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.
G.
A permit for a holding tank may be issued only when the SEO has certified
that an existing 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 in the alternative that the
Board allows such system on the basis that the area where the holding
tank will be installed will be connected to a community sewage system
within one year of the installation of the holding tank unless an
extension of time has been approved by the Sewage Enforcement Officer
and the Township, for a period not to exceed three years so that said
holding tank will be for a temporary measure only.
The SEO shall have the right to conduct inspections of holding
tanks as follows:
A.
The SEO shall 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 at any reasonable time.
C.
All inspections may include a physical tour of the 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 water or groundwater, including water from roof and/or cellar
drains, springs, basement sump pumps and/or French 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 pumped by a qualified pumper/hauler as often as necessary
to prevent exceeding the holding tank's capacity. The person
must submit documentation to the Township SEO illustrating that the
holding tank has been pumped according to this requirement.
B.
This required pumping frequency may be increased at the discretion
of the SEO based upon the officer's inspection of the holding
tank.
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 the SEO evidencing that the tank has been pumped on an
annual basis or as directed by the SEO, 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.
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 be cash in an amount sufficient to cover the
estimated maintenance and/or pumping costs of a holding tank in the
event that the owner fails to do so, and also sufficient to cover
the estimated removal cost of said holding tank, both as determined
by the Township SEO.
C.
The said security shall also consist of a holding tank maintenance
agreement to be entered into by the person owning and/or installing
said tank, and Whitehall Township. Said agreement shall be prepared
by the Township Solicitor.
D.
Said agreement and security shall permit the Township to draw upon
said security 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, the removal of said
holding tank, and penalties charged under this article.
E.
Interest, if any, earned on the account shall be added to the security.
F.
At intervals of five years, the Township may adjust the security
to reflect current costs.
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 tanks 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.
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.
G.
Failure of the landowner to take the actions required in § 18-2.11 relating to malfunctioning systems shall constitute a public nuisance and a violation of this article, as well as a violation of the Whitehall Township Ordinance forbidding public nuisances.
H.
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 Commissioners 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 irrevocable letter of credit or other posted security
provided for in this article.
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.
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."
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this article.
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 thereof before a District
Magistrate, be guilty of a summary offense and shall be sentenced
to pay a fine of not more than $300 and costs, and/or shall be imprisoned
for a period of not more than 90 days. It is further provided as follows:
A.
Each day of violation or continuing violation shall constitute a
separate offense.
B.
Failure to appeal a notice or determination pursuant to § 18-2.16 and the Local Agency Law shall constitute an admission of the violation and a failure to utilize administrative remedies.
C.
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 Section 702, Clause
XLI, of the Second Class Township Code, as amended, 53 P.S. § 65741.
D.
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.
E.
The Township may file Township liens for abatement of nuisances in
accordance with law.
