[Adopted 12-27-2011 by Ord. No. 2011-6]
This article shall be known as the Township of Union "Holding
Tank and Privy Ordinance."
A.
COMMERCIAL USE
HOLDING TANK
INSTITUTIONAL USE
OWNER
PERSON
PRIVY
RECREATIONAL USE
SEWAGE
TOWNSHIP
Unless the context clearly and specifically indicates otherwise,
the meanings of the terms used in this article shall be as follows:
Includes any buildings, structures or facilities used solely
for commercial, manufacturing, professional service or similar business
use and shall include no facility used for residential purposes.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water-carrying system
and designated and constructed to facilitate the ultimate disposal
of the sewage at another site.
Includes buildings, structures or facilities such as municipal
buildings, fire halls, libraries, museums, grange halls, churches,
or other similar kind of public uses, but shall not include uses such
as schools or hospitals.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual partnership, company, association, corporation
or other group or entity.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage where water under pressure or pipe
wastewater is not available and is designed and constructed to facilitate
the ultimate disposal of the sewage at another site.
Includes any recreational facility such as a Department of
Environmental Protection permitted campground and outdoor public or
private recreational areas such as playgrounds, baseball fields or
picnic areas. It shall not include hunting or fishing camps or seasonal
cottages.
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 substances being harmful or inimical
to public health or to animal or aquatic life or to the use of water
for domestic water supply or for recreation.
The Township of Union, Washington County, Pennsylvania.
B.
All other definitions set forth in the Pennsylvania Sewage Facilities
Act and regulations of the Department of Environmental Protection,
and their amendments, are incorporated by reference.
Use of holding tanks for sewage disposal purposes shall be allowed
within the Township for the following uses, under and subject to the
requirements and regulations set forth in this article and other applicable
laws and regulations:
A.
Institutional, recreational or commercial use where the sewage flow
does not exceed 400 gallons per day.
B.
As necessary to abate a public nuisance or public health hazard.
C.
As otherwise allowed under the applicable Department of Environmental
Protection regulations and approved by the Department of Environmental
Protection.
Use of privies for sewage disposal purposes shall be allowed
within the Township where there is no water under pressure to or for,
and no piped wastewater from, the premises for which the privy is
utilized, under and subject to the requirements and regulations set
forth in this article and other applicable laws and regulations.
No holding tank or privy may be used within the Township to
receive and retain sewage without a permit issued by the Township
or its designee. No privy permits will be issued for any new residences
after the effective date of this article if land does not pass a pit
and perc test. Unless the above conditions are complied with, no sewage
or building permits will be issued.
An application for a holding tank or privy permit shall be submitted
to the Township Sewage Enforcement Officer and shall include the following
information:
A.
Name, address and phone number of applicant, who should be the person
responsible for use and maintenance of the holding tank or privy.
B.
Location and description of property on which holding tank or privy
is to be used and facilities on property to be served by holding tank
or privy (diagram may be attached).
C.
Owner(s) of property if different from applicant.
D.
Description of existing and proposed uses of property.
E.
Size and description of holding tank and privy, including information
necessary to determine whether it meets DEP standards.
F.
For holding tanks, a description of disposal arrangements, including
name and address of person(s) collection, transporting and disposing
of sewage contents, contracts for disposal services, and disposal
site(s).
G.
For holding tanks, an estimate of gallons per day usage and description
of means of calculating estimate.
H.
For privies, a certification that there is not water under pressure
in or to the premises for which the privy will be used and no piped
wastewater from the premises, and that, in the event either water
under pressure or piped wastewater is provided, the applicant will
discontinue use of the privy and construct and install an approved
on-lot sewage disposal system in accordance with the applicable laws
and regulations.
A.
The application shall be submitted on forms prescribed by the Department
of Environmental Protection and the Township. Additional information
shall be provided as may be required by the Township and its Sewage
Enforcement Officer.
B.
At time of application, an application fee as established by resolution
of the Board of Supervisors of the Township from time to time shall
be paid to the Township.
A.
The proposed use is one allowed under this article and other applicable
laws and regulations.
B.
With respect to a permit for a use with sewage flow restricted to
400 gallons a day or less, it is determined that the average daily
sewage flow will not exceed 400 gallons based upon DEP regulations.
C.
With respect to a permit for a use with sewage flow exceeding 400
gallons a day, it is determined that the use is permitted under the
Township's official sewage plan, has received approval of the
Department of Environmental Protection as necessary, and is otherwise
in compliance with all applicable regulations.
D.
The applicant has made adequate and proper arrangements for the collection
and disposal of the sewage.
E.
The proposed use of the holding tank does not create an undue risk
of pollution or harm to the public health and welfare.
F.
The holding tank meets the requirements of the applicable DEP regulations.
A permit may be issued subject to conditions as may be necessary for
the protection of watercourses, groundwater, water supplies and environment,
and for protection of the public health, safety and welfare.
A.
A privy permit shall be issued if the following requirements are
met:
(1)
The
proposed use is one allowed under this article and other applicable
laws and regulations.
(2)
There
is no water under pressure or piped wastewater in, to or from the
premises to be served by the privy.
(3)
It
has been satisfactorily established that soil and site suitability
testing of the lot has been conducted and that the site meets the
requirements for installation of an approved on-lot sewage disposal
system. As an exception to the preceding sentence, it has been established
to the satisfaction of the Township that the privy use shall be limited
to an isolated lot of at least one acre which shall at no time be
served by water under pressure or piped water or that it meets some
other exception permitted by the regulations of the Department of
Environmental Protection.
(4)
The
proposed use of the privy does not create an undue risk of pollution
or harm to the public health and welfare.
(5)
The
privy to be constructed or installed meets the requirements of the
applicable DEP regulations.
B.
A permit may be issued subject to conditions as may be necessary
for protection of watercourses, groundwater, water supply and environment
and for the protection of the public health, safety and welfare.
No holding tank or privy for which a permit has been issued
under this article shall be maintained or used except in conformity
with the regulations set forth in this article and as may be required
by other applicable laws or regulations. No holding tank or privy
installed for use on the effective date of this article shall be altered
or modified, or reused (if use has been abandoned for more than one
year), without complying with the regulations set forth in this article
and any other applicable laws and regulations.
The use, maintenance and disposal of contents of all holding
tanks shall conform to the following requirements:
A.
The holding tank shall be maintained and used in accordance with
conditions set forth in the permit of all applicable regulations.
B.
Holding tanks shall be equipped with a float alarm set to cause an
alarm at a three-fourths-full level.
C.
The contents of the holding tank shall be pumped and collected regularly
and as necessary to maintain a proper working sewage system and shall
be properly transported to a permitted disposal site in accordance
with applicable regulations. All holding tanks shall, however, be
required to be pumped at least once in every two-year period, and
the owner shall be required to provide written verification to the
Township Code Enforcement Office and/or designee of compliance with
this requirement.
D.
Pumping receipts shall be remitted to the Township at least monthly.
E.
Information concerning person(s) collecting, transporting and disposing
of sewage contents, contracts for disposal services, and disposal
site(s) shall be provided to the Township. Only those persons authorized
by the Township shall be permitted to collect, transport and dispose
of sewage contents.
F.
Any changes or modifications to the holding tank or the use served
shall be reported to the Township.
G.
Inspection of holding tanks by the Sewage Enforcement Officer shall
be permitted as necessary and at least once per year at the expense
of persons responsible for use and maintenance.
H.
The Township must be provided with current information about any
change in ownership of the property or persons responsible for use
and maintenance of the holding tank.
I.
With the exception of holding tanks being used for residential purposes
at the time of this article is enacted, in the event the use of the
property served by the holding tank changes to or includes a residential
use, then installation of an approved sewage disposal system which
meets applicable standards and regulations shall be required, and
the use of the holding tank shall cease.
A.
The privy shall be maintained and used in accordance with conditions
set forth in the permit and with all applicable regulations and laws.
B.
The contents of the privy shall be collected, transported and disposed
of as necessary and in compliance with the applicable regulations
of the Department of Environmental Protection; in no event, however,
shall this be less than at least once in any two-year period.
C.
Leaks from and changes or modifications to the privy shall be reported
to the Township.
D.
In the event that water under pressure or piped wastewater become
available to or utilized on or about the premises served by the privy,
the use of the privy shall cease, and the privy shall be abandoned
in accordance with applicable public health and environmental standards
and regulations; and an approved on-lot sewage disposal system which
meets all applicable DEP standards and requirements shall be installed
pursuant to a duly issued permit.
A.
The holding tank or privy shall at all times be properly maintained
and kept in good working condition and so that, among other things,
leaks and spills are avoided and so that a nuisance or health hazard
is not created. Holding tanks or privies must be pumped at least once
every two years, and the owner shall be required to provide written
verification to the Township Code Enforcement Officer and/or designee
of compliance with this requirement.
B.
Leaks, spills and malfunctions shall be reported to the Township
immediately, and corrective action shall be taken in accordance with
applicable DEP regulations.
C.
The Sewage Enforcement Officer shall be permitted to inspect holding
tanks and privies at any reasonable time for proper operation, maintenance
and content disposal.
The owner of the property on which a holding tank or privy is
being used and maintained shall be responsible, along with the person
in possession or in control of the operation and maintenance of the
holding tank or privy, for compliance with the regulations relating
to holding tank and privy use, maintenance and contents for disposal.
The Sewage Enforcement Officer (SEO) shall:
A.
Review holding tank and privy applications and issue permits as appropriate.
B.
Impose conditions on permits as necessary and appropriate.
C.
Inspect holding tanks and privies as appropriate and otherwise required
to determine compliance with applicable regulations.
D.
Provide the Township with written reports regarding inspections.
The Township Secretary or such other person as the Board of
Supervisors may designate shall:
A.
Maintain records regarding the holding tanks and privies permitted,
their location, persons owning the property on which they are located,
persons otherwise designated as persons responsible for their use
and maintenance, and the use for which permitted.
B.
Maintain records regarding the persons collecting, transporting and
disposing for each permitted holding tank and disposal site used.
C.
Review and maintain the pumping receipts from each permitted holding
tank.
D.
Maintain SEO investigation reports for each permitted holding tank
and privy.
E.
Maintain records of complaints and report the same to the SEO for
inspection.
F.
Maintain a current list of persons permitted to collect, transport
and dispose of sewage from holding tanks and privies.
This article shall not apply to potable water that is collected
in any type of container, vessel, etc.; cisterns, runoff reservoirs;
propane and septage.
A.
The holding tank or privy permit may be revoked by the Sewage Enforcement
Officer or Township.
B.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.[1]
C.
Any other remedy allowed at law, including equitable or legal injunctive
relief in a court of competent jurisdiction, including an action to
abate a nuisance, and such other penalties as authorized by the Second
Class Township Code or Act 537, both as amended.
