[Adopted 12-9-2013 by Ord. No. 205-2013[1]]
The purpose of this article is to establish procedures for the
use and maintenance of existing and new 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 the Township of West Donegal.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
Any person who filed an application with the Township for
approval to install a holding tank.
The Board of Supervisors of the Township of West Donegal,
Lancaster County, Pennsylvania, or any person designated by the Board
of Supervisors to perform such duties.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
A tank, whether permanent or temporary, to which sewage is
conveyed by a water-carrying system.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual, partnership, company, association, corporation,
trust, or other group or entity.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance 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 any substance
which constitutes pollution under the Clean Streams Law, 35 P.S. § 691.1
et seq.
The Sewage Enforcement Officer of the Township.
The Township of West Donegal, Lancaster County, Pennsylvania.
The term "Township" shall be interpreted to include a contractor or
other designee of the Township.
Water service provided to an improved property by means of
a system of plumbing or piping with the water being supplied by a
public water system, private well, or private spring.
The Board of Supervisors is hereby authorized and empowered
to undertake within the Township the control and methods of holding
tank use, sewage disposal, and sewage collection and transportation
thereof. The collection and transportation of all sewage from any
holding tank shall be done solely by or under the direction and control
of the Board of Supervisors, and the disposal thereof shall be made
only at such site or sites as may be approved by the Department.
A.
The Board of Supervisors is hereby authorized and empowered to adopt
by resolution such rules and regulations concerning sewage and to
enter into such agreements as it may deem necessary from time to time
to effect the purposes herein.
B.
All such rules and regulations adopted by the Board of Supervisors
shall be in conformity with the provisions herein, all other ordinances
of the Township, all other applicable laws, and applicable rules and
regulations of administrative agencies of the Commonwealth of Pennsylvania.
C.
The Board of Supervisors hereby adopts the regulations of the Department
found in Title 25, Chapters 71 and 73, of the Pennsylvania Code governing
retaining tanks as the regulations governing the design, installation,
and use of holding tanks within the Township.
The Board of Supervisors shall have the right and power to fix,
alter, charge and collect rates, assessments, and other charges relating
to the use and maintenance of holding tanks at reasonable and uniform
rates as authorized by applicable law.
All applicants who desire to install a holding tank shall meet
all of the following requirements:
A.
The record owner of the lot on which the holding tank is to be installed
and, if different, the applicant, shall enter into an agreement with
the Township, in recordable form, providing for the long-term maintenance
of the holding tank which grants the Township the right to enter upon
the property; to inspect such holding tank not less than once each
year and, in addition, whenever the Township receives a complaint
or otherwise has reason to believe that such holding tank is not functioning
properly; to maintain the holding tank if the landowner fails to do
so; and to recover the cost of any maintenance performed plus a penalty
of 25% of such cost from the landowner. The agreement shall specifically
authorize the Township to file a municipal claim against the property
to recover costs, penalties and fees and shall specifically state
that its provisions are binding upon the landowner executing the agreement
and upon all successive owners of the property until the holding tank
is removed and the improved property is either connected to a public
sewer system owned and operated by a governmental entity if water
under pressure currently exists on the improved property or connected
to an on-lot sewage disposal system if water under pressure is not
currently available on the improved property.
B.
The applicant shall post financial security with the Township to
secure the future maintenance of the holding tank and payment of costs
of annual inspection of such system. The amount of the financial security
shall be based upon the estimated cost to maintain the particular
holding tank chosen by the applicant. The financial security shall
be posted through an irrevocable letter of credit in a form acceptable
to the Township Solicitor or in a cash escrow which the Township shall
maintain in a non-interest-bearing account. The Township shall not
release such financial security until one or more of the following
conditions occur:
(1)
The owner provides the Township with acceptable alternative financial
security.
(2)
If the holding tank serves an improved property which was provided
with water under pressure at the time of holding tank installation,
the owner removes the holding tank, and the improved property is connected
to a public sewer system owned and operated by a governmental entity.
(3)
If the holding tank serves an improved property which did not have
water under pressure at the time of holding tank installation, the
owner installs water under pressure, removes the holding tank, and
connects the improved property to an approved on-lot sewage disposal
system.
(4)
If the owner removes a holding tank from land which is not an improved
property (i.e. removes a holding tank installed on a temporary basis
to serve a public gathering, construction site, etc.).
C.
The applicant shall demonstrate to the Township that the proposed
holding tank meets all applicable Department regulations and that
the applicant has obtained all necessary approvals and permits.
D.
If water under pressure is not presently available on the improved
property, the applicant shall show that site and soil suitability
testing of the lot has been conducted by the Sewage Enforcement Officer
and that the site meets the requirements of Title 25, Chapter 73,
Standards for Onlot Sewage Treatment Facilities, of the Pennsylvania
Code, for the ultimate sewage disposal by an approved on-lot system
if water under pressure or piped waste water becomes available to
the improved property. At such time that water under pressure becomes
available, the owner shall remove the holding tank and replace the
holding tank with an approved on-lot system.
E.
The conditions described in Subsection D above do not apply:
(1)
To a holding tank to be used on an isolated lot which is one acre
or larger and is not nor will not be served by water under pressure
in the future.
(2)
To temporary use of portable retention tanks where their use is proposed
at construction sites or at the site of public gatherings and entertainment.
(3)
To such other temporary or permanent uses of holding tanks as may
be authorized by the Department.
F.
Special conditions for holding tanks shall be incorporated in the
permit application and permit for the proposed use of a holding tank.
G.
The applicant shall reimburse the Township for all costs incurred
in the preparation of the agreement and its recording.
H.
The applicant shall pay all costs associated with the yearly inspection
of the holding tank.
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this or any article
of this Township, the provisions of any applicable law, and the rules
and regulations of the Township and any administrative agency of the
Commonwealth of Pennsylvania, including but not limited to Sections
71.63 and 73.61 et seq. of the Department's regulations.
(1)
Proof of maintenance.
(a)
Each time that a holding tank is pumped out or emptied, the
private sewage waste hauler who performs the service shall provide
to the owner a signed receipt and shall retain a signed receipt containing
the following information:
[1]
Date of pumping out.
[2]
Name and address of owner.
[3]
Description and diagram of location of holding tank, including
location of any markers and/or access hatches (if known).
[4]
Size of holding tank.
[5]
Age of the holding tank (if known).
[6]
Last date of pump out (if known).
[7]
Any maintenance performed in connection with pumping out of
the holding tank.
[8]
Any indication of system malfunction observed.
[9]
Amount of sewage, septage or other solid or semisolid material
removed.
[10]
Cost of service.
[11]
Waste hauler's state license number permitting him to collect
and haul septage in this Commonwealth.
(b)
The owner and the waste hauler shall provide the receipt to
authorized officials of the Township. The receipt shall serve as proof
of compliance with the maintenance requirements of this article. Failure
to provide a copy of the receipt within 30 days after the holding
tank is pumped out or emptied shall constitute a violation of this
article. The Township is designated in accordance with the Department's
regulations as the administrative agency to receive, review and retain
pumping receipts from permitted holding tanks.
(2)
Inspections. Annually or where any agreement entered into between
the Township and the owner or a predecessor in title of the landowner
requires more frequent inspections of a holding tank, the owner shall
permit the Township Sewage Enforcement Officer to enter upon the improved
property to conduct the required inspection. The Township Sewage Enforcement
Officer shall conduct inspections of all permitted holding tanks at
least annually and complete a written inspection report which shall
be submitted to and be retained by the Township. The owner shall pay
all fees associated with all required inspections.
B.
If public sewer service becomes available to the improved property,
abandon the holding tank consistent with applicable public health
and environmental standards.
C.
Permit the Township to enter upon lands to inspect the holding tank
for proper operation, maintenance and contents disposal.
The owner of a lot upon which a holding tank is installed, any
person who occupies a lot upon which a holding tank is installed,
any person who owns a holding tank, and any waste hauler pumping out
or otherwise maintaining a holding tank shall report any malfunctioning
of a holding tank to the Township. Such report shall be made as soon
as possible but in no case later than three days after discovery of
the malfunction.
A.
It shall be a violation of this article to commit or permit any other
person to commit any of the following acts:
(1)
To install, repair, modify or alter a holding tank prior to obtaining
a permit or in a manner which violates the terms and conditions of
any permit.
(2)
To misuse or to fail to maintain a holding tank or to fail to provide
reports of maintenance as required by this article.
(3)
To fail to have the holding tank inspected as required by this article
or to fail to permit the Township Sewage Enforcement Officer to inspect
the holding tank.
(4)
To fail to report a malfunctioning holding tank.
(5)
To fail to remedy a malfunctioning holding tank.
(6)
To place false information on or omit relevant information from an
application for a permit or from a report of inspection or maintenance
of a holding tank.
(7)
To occupy or permit the occupancy of any structure served by a holding
tank for which a valid permit has not been obtained as required by
this article.
(8)
To fail to comply with any other provision of this article.
(9)
To fail to comply with any duly adopted regulation of the Township.
B.
Any person who shall violate a provision of this article or who shall
fail to comply with any of the requirements thereof or who shall permit
the violation of this article or who shall use or occupy or permit
the use or occupancy of any building or structure which is served
by a holding tank which has not been installed or maintained in accordance
with the requirements of this article, shall, upon being found guilty
in an enforcement proceeding commenced by the Township, pay a fine
of not less than $200 and not more than $1,000 for each violation
plus all costs of prosecution, which fines and costs may be collected
as provided by law. Each day that a violation continues shall be deemed
a separate offense, and each section of this article which is violated
shall be deemed a separate offense.
In addition to any other remedies provided in this article,
any violation of this article shall constitute a nuisance and may
be abated by the Township by either seeking appropriate equitable
or legal relief from a court of competent jurisdiction.
