[Adopted 6-26-1990 by Ord. No. 413 (Ch. 18, Part 5, of the
1995 Code of Ordinances)]
[Amended 4-26-1995 by Ord. No. 505]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site, including chemical toilets, which are
toilets using chemicals that discharge to a holding tank, retention
tanks which are tank systems where sewage is conveyed to said tank
by a water-carrying system, or a vault pit privy, being a system designed
to receive sewage where water under pressure is not available.
Any property within the Township upon which there is erected
a structure intended for continuous or habitual habitation, occupancy
or use by human beings and from which structures sewage shall or may
be discharged.
Any person who has a leasehold interest in any realty within
the Township, whether the original lessee or a subtenant.
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 group or entity.
Any substance that contains any of the waste products or
excrement or other discharges from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, welfare or safety, or to animal or aquatic life
or to the streams and rivers, or to the use of water, whether for
domestic water consumption, supply or recreation.
The Director of the Department of Development of the Township
of Hampton.
The Township of Hampton.
The Council of the Township of Hampton may adopt such rules
and regulations concerning sewage which it may deem necessary from
time to time to control the methods of holding tank sewage collection,
transportation and collection thereof; and Council may adopt such
rules and regulations concerning sewage which it may deem necessary
from time to time to effect the purposes herein. Such rules and regulations
shall be adopted by Council either by motion or resolution.
All such rules and regulations adopted by Council shall be in
conformity with all applicable laws and applicable rules and regulations
of administrative agencies of the Commonwealth of Pennsylvania.
[Amended 4-26-1995 by Ord. No. 505]
The collection and transportation of sewage from any improved
property utilizing a holding tank shall be done solely by or under
the direction and control of the Sewage Enforcement Officer, and the
disposal thereof shall be made only in accordance and only at such
site or sites as may be approved and regulated by the Department of
Environmental Protection of the Commonwealth of Pennsylvania, and
any other rules and regulations applicable by any administrative agency
authorized by applicable law to enact said rules and regulations.
[Amended 4-26-1995 by Ord. No. 505]
The owner and the lessee, severally and jointly, of an improved
property that utilizes holding tanks shall:
A.
Maintain the holding tank in conformance with this article and any
other ordinance of the Township, the provisions of any applicable
law, the rules and regulations of the Township and any other administrative
agency of the Commonwealth of Pennsylvania or Allegheny County.
B.
Any owner or lessee, prior to the collection, transportation and
disposal of the contents of any holding tank shall make application
to the Sewage Enforcement Officer setting forth the following:
C.
Upon the receipt of the application, the Sewage Enforcement Officer
shall review the application for compliance with any rules and regulations
of the Township, or provisions of any applicable law.
D.
If the Sewage Enforcement Officer disapproves the application for
collection and disposal, the Sewage Enforcement Officer shall by written
statement state the objections of the Township and what provisions
are necessary to correct said application. The owner and lessee shall
immediately take steps to correct the deficiencies of the application
and resubmit a new application for collection, transport and disposal
of the contents therein.
E.
The collection, transportation and disposal of the contents of any
holding tank shall be done at the cost of the owner and/or lessee
severally or jointly; provided, however, if, in the opinion of the
Sewage Enforcement Officer that the owner or lessee had neglected
or failed to collect, transport and dispose of the contents of any
holding tank as may be necessary, the Sewage Enforcement Officer is
authorized to engage a qualified person to collect, transport and
dispose of the contents of said holding tank. The cost of such collection,
transportation and disposal shall be billed to the owner and/or lessee,
jointly or severally.
F.
Prior to construction of any holding tank authorized by the Sewage
Enforcement Officer pursuant to this article, or any other applicable
written law, rules and regulations, the owner and/or lessee shall
make application for a holding tank permit together with payment of
$100 license fee. In addition to the fee required, the owner and/or
lessee shall be required to place with the Township a performance
bond with approved security conditioned upon the faithful performance
of collection, transportation and disposal of the contents of the
holding tank and removal of said tank in such amounts as determined
by the Township Engineer. In setting the amount of the bond, the Township
Engineer shall determine the size of the holding tank in relationship
to the anticipated use as indicated by the structure or dwelling said
holding tank shall service, and shall make a calculation as to the
number of times the contents of said holding tank shall need collected,
transported and disposed within a calendar year, and the cost of removal
of said tank when no longer needed. The Township Engineer shall further
estimate the cost of the collection, transportation and disposal of
the contents therein for each annual year which shall be the principal
amount of the bond required. All said bonds with approved surety shall
be renewed annually and shall be required during the use of said tank.
The principal amount of said bond may be increased or decreased annually
by the engineer in accordance to the anticipated cost as determined
by the aforesaid calculations.
G.
Should any owner and/or lessee neglect or fail to make collection,
transportation and disposal of the contents as required, or fails
to do so within five days from notification by the Sewage Enforcement
Officer, the Sewage Enforcement Officer shall take one or more of
the following steps:
(1)
Arrange and contract for the collection, transportation and disposal
of the contents of said holding tank.
(2)
Issue a cease-and-desist order for use of the toilet and sewage facilities
which void into said holding tanks.
(3)
Suspend and/or revoke the occupancy permit of the buildings or structures
said holding tank or tanks service.
H.
Prevent any leakage of the contents of said holding tank into the
ground, any watershed or any watercourse. Upon discovery of any leakage
by any person or the Sewage Enforcement Officer, the owner and/or
lessee shall immediately cease using all toilet and sewage facilities
voiding into said holding tank until repaired or replaced and within
one day, collect, transport and dispose of the contents.
I.
Upon construction of sanitary sewers in the area, the owner shall
within 30 days after notice by the Township tap-in all sewage facilities
servicing the site into the Township's sanitary sewer line and
pay any and all fees or costs connected with said tap-in. Prior service
of the realty by a holding tank shall not be construed to relieve
the realty or the owner from payment of any assessed benefits to the
realty benefited by the construction of sanitary sewers.
J.
Upon completion of the tap-in of any holding tank site into the Township's
sanitary sewer system or upon the expiration of 30 days from the date
of notice, whichever is sooner, shall collect, transport and dispose
of the contents of any holding tank, and shall remove the holding
tank from the site. In the proper case or circumstance, the Sewage
Enforcement Officer may give written consent to the owner and/or lessee
to fill the holding tank with sand in lieu of removal.
[Amended 8-28-1990 by Ord. No. 419; 4-26-1995 by Ord. No. 505]
A.
Prior to any installation of any holding tank or issuance of a holding
tank permit by the Sewage Enforcement Officer, the lessee or person
making actual installation of the holding tank shall submit, in writing,
to the Sewage Enforcement Officer at least two weeks prior to the
intended installation, the following data:
(1)
The type of holding tank intended to be installed together with the
size and capacity of said tank.
(2)
The useful life of said tank.
(3)
A certification from the manufacturer or any other qualified person
that said tank shall not leak its contents during the useful life
of said tank.
(4)
The method of installation and the person hired to do the installation.
However, upon review of the application by the Sewage Enforcement
Officer, after consultation with the Township Engineer, the Sewage
Enforcement Officer shall make a determination that the proposed tank,
quantity and size, and installation methods are consistent with the
rules and regulations of the Township regulating this matter, the
rules and regulations of the Commonwealth of Pennsylvania, the County
of Allegheny or any other governmental agencies regulating these matters.
If the Sewage Enforcement Officer approves the application for installation,
upon payment of the required fee, the Sewage Enforcement Officer shall
issue the holding tank permit.
(5)
An annual inspection of any tanks created hereunder shall be made
pursuant to the provisions of Chapter 71, Administration Sewage Facilities
Program, specifically § 71.63(C)(3)(ii).
B.
If the Sewage Enforcement Officer disapproves the tank, he shall
set forth in writing the causes and basis for his disapproval.
[Amended 4-26-1995 by Ord. No. 505]
Any applicant or affected person may, within 10 days of a decision
of the Sewage Enforcement Officer, appeal such decision to the Township
Council for review. The requested review shall be conducted during
a regularly scheduled meeting. The Township Council may affirm, or
reverse or modify, the findings of the Sewage Enforcement Officer.
Any person adversely affected by a decision of the Township Council
may appeal to a court of competent jurisdiction within 30 days of
the date of the decision. Provided, however, no such appeal from the
decision of the Sewage Enforcement Officer or from Council of the
Township of Hampton shall act as a stay to any decisions rendered
by the Sewage Enforcement Officer or the Township Council.
In applying the provisions of this article, they shall be interpreted
to be the minimum requirements for the promotion of the public health,
safety and general welfare. It is not intended to interfere with,
abrogate or annul any other ordinance, rules, regulations, or permits
previously adopted or issued, except as amended hereby, or with any
other rules or regulations of any other administrative agency having
jurisdiction of this matter. Where this article imposes greater restrictions
upon the use of holding tanks, then this article shall control. It
is the intent of Council of the Township of Hampton that the provisions
of this article are severable. Should any section or provisions of
this article or subsequent amendments thereto be declared by the courts
to be unconstitutional or invalid for any reason, such decision shall
not affect the validity of this article as a whole or the validity
of the other sections or provision of this article other than one
so declared to be invalid.
[Amended 4-26-1995 by Ord. No. 505]
Any person, firm or corporation who shall violate any provision
of this article, or aiding, abetting or assisting the violation hereof,
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $1,000 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
that a violation of this article continues, after notification in
writing, shall constitute 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 either seeking appropriate equitable legal relief from
a court of competent jurisdiction, or, when the Enforcement Officer,
as authorized by this article, is required to take affirmative steps
to correct the condition by hiring contractors for the collection,
transportation and disposal of the content of said holding tank or
the removal of said holding tank, the costs incurred shall be imposed
on the owner of the property and the Solicitor of the Township is
hereby authorized to lien said property for recovery of costs and/or
file action to recover said costs from the bonding company of said
owner or lessee. In addition, the Solicitor is hereby authorized to
file civil suit in a court of competent jurisdiction to recover the
costs by civil suit.
