[Adopted 3-18-2013 by Ord. No. 199[1]]
[1]
Editor's Note: This ordinance also repealed former Art. VIII, Use of Retaining Tanks, adopted 2-25-2013 by Ord. No. 198.
The purpose of this article is to establish procedures for the use and maintenance of all holding tanks within New Garden Township when the Township, Chester County Health Department or the Pennsylvania Department of Environmental Protection determines that the use of a holding tank is necessary to abate a nuisance or public health hazard or for use by an institutional, recreational or commercial establishment. In those cases where the average daily flow is less than 800 gallons, the determination will be made by the Department, local agency and/or Township. A determination will be made on a case-by-case basis by the Department when the average daily flow is 800 gallons or more. 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 residents of New Garden Township.
The following words, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
ACT 537
The Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., the regulations promulgated thereunder [25 Pa. Code Chapters 71 through 73], any amendment thereto and any successor act and/or regulations thereto.
ALTERNATE SEWAGE SYSTEM
A method of demonstrated on-lot sewage treatment and disposal not described in 25 Pa. Code Chapter 72.
CONVENTIONAL SEWAGE SYSTEM
A system employing the use of demonstrated on-lot sewage treatment and disposal technology in a manner specifically recognized by 25 Pa. Code Chapter 72. The term does not include alternate sewage systems or experimental sewage systems.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
EXPERIMENTAL SEWAGE SYSTEM
A method of on-lot sewage treatment and disposal not described in 25 Pa. Code Chapter 72 which is proposed for the purpose of testing and observation.
HOLDING TANK
A tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
LOCAL AGENCY
The Chester County Health Department.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
PERSON
Includes any individual, partnership, limited partnership, corporation, institution or nonprofit organization.
RETAINING TANK
A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. The term includes: 1) chemical toilet, 2) holding tank, 3) privy, 4) incinerating toilet and 5) recycling toilet, all of which shall have the definitions ascribed to them in 25 Pa. Code Chapter 72.
SEWAGE
A substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances 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. The term includes any substance which constitutes pollution under the Clean Streams Law.[1]
TOWNSHIP
New Garden Township, Chester County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
A. 
General.
(1) 
Use of a holding tank as a method for disposal of sewage on any property is hereafter prohibited except in the following instances:
(a) 
When the use of a holding tank is the only viable alternative to the use of an alternative sewage system or conventional sewage system in those instances where an existing on-lot sewage disposal system has failed or malfunctioned and it cannot be repaired or replaced due to site constraints and all conditions in Subsection B below have been met.
(b) 
When the use of a holding tank is implemented as an interim method of sewage disposal while a conventional sewage system or alternate sewage system is being installed and all conditions of Subsection C below have been met.
(c) 
When the use of a holding tank is for an institutional, recreational or commercial use, provided that:
[1] 
The applicant for a holding tank for such a use shall first demonstrate that site constraints are such that a conventional sewage system or an alternative sewage system is not a viable method of sewage disposal. Such determination must be confirmed by the local agency and Department. The use of a holding tank will not be permitted in order to merely increase the building area of an institutional, recreation or commercial use. When the use of a conventional sewage system or an alternative sewage system is a viable alternative as determined by the local agency and/or Department, such alternative shall be used rather than a retaining tank.
[2] 
The applicant shall:
[a] 
Have a sealed water meter installed in a manner approved by the Township Engineer;
[b] 
Maintain, on a monthly basis, records establishing the total amount of water provided to the use; and
[c] 
Provide a copy of such records to the Township, without notice, on a quarterly basis.
(2) 
The Township shall have the right to inspect and read the water meter whenever and as often as it deems necessary.
(3) 
Records of water meter readings that indicate more usage than the approved permitted average daily flow shall constitute prima facie evidence of a violation of the provisions of this article.
B. 
Utilization of holding tanks to replace an existing on-lot sewage system that is malfunctioning or has failed.
(1) 
The use of a holding tank may be implemented as the method of sewage disposal when the following conditions exist:
(a) 
An existing on-lot sewage disposal system has failed.
(b) 
The existing on-lot sewage disposal system cannot be repaired.
(c) 
The existing on-lot disposal system cannot be replaced with a conventional sewage system or an alternative sewage system.
(2) 
Restrictions on the use, when approved, of a holding tank include, but are not limited to, the following:
(a) 
The use of a holding tank shall not result in the overall available usable sewage capacity being greater than the capacity of the on-lot sewage disposal system that it is replacing.
(b) 
If the existing on-lot sewage disposal system pre-dates local agency permitting, an estimate of the existing on-lot sewage disposal system's capacity must be determined by a professional engineer or sewage enforcement officer and approved by the Township.
C. 
Temporary use of holding tanks while a conventional sewage system or alternate sewage system is installed.
(1) 
A holding tank may be utilized as a temporary on-lot sewage disposal system when all the following conditions exist:
(a) 
Use of a conventional sewage system or an alternate sewage system is approved as the ultimate method of sewage disposal.
(b) 
The site proposed for construction of a conventional sewage system or alternative sewage system has been approved by the local agency and the Department and such approval filed with the Township.
(c) 
Financial security, in a form and amount determined by the Township, is deposited with the Township in order to guarantee removal of the temporary holding tank upon expiration of the permit for its use and payment of all sewage removal and related costs during the period the holding tank is anticipated to be in use.
The Board of Supervisors is hereby authorized and empowered to adopt such rules and regulations concerning the use of a retaining tank as it deems appropriate.
All such rules and regulations adopted by the Board of Supervisors shall be in conformity with the provisions all other related ordinances of the Township and all applicable laws and regulations of administrative agencies of the Commonwealth of Pennsylvania and the local agency.
The collection and transportation of all sewage from all holding tanks shall be performed under the direction and control of a septage hauler licensed by the local agency. The disposal of all such septage shall be made only at such site or sites as may be approved and permitted by the Department.
A. 
Notwithstanding any other provisions of this article, before a holding tank may be installed and used, the requirements contained in 25 Pa. Code Chapters 71, 72 and 73 and local agency regulations shall be met and the property owner shall, as a minimum:
(1) 
Obtain a permit for use of the holding tank from the local agency.
(2) 
Obtain sewage planning approval from the Department.
(3) 
File a copy of the complete application made to the local agency with the Township.
(4) 
File a copy of the permit issued by the local agency with the Township.
(5) 
File a copy of the complete application made to the Department with the Township.
(6) 
File a copy of the planning approval issued by the Department with the Township.
(7) 
Submit such additional information as the Township may require, including, but not limited to, the following:
(a) 
As to residential dwellings, the number of persons who will occupy the dwelling.
(b) 
As to institutional, recreational and commercial uses, the total number of persons who will occupy the premises daily, either as employees or otherwise, the number of work shifts and the number of persons who will occupy the premises, either as employees or otherwise during each work shift.
(8) 
Submit to the Township a fully executed agreement, in form and substance acceptable to the Department and Township that addresses and provides for, as a minimum, all of the points listed by the Department in its guidance document titled "Requirements for Pump & Haul: Temporary Use of Department Approved and/or Permitted Sewerage Systems."
(9) 
Pay such fees to the Township as may be authorized from time-to-time by resolution of the Township applicable to processing the application and issuing a permit for use of a holding tank.
B. 
A permit issued under the provisions of this article shall be valid for one year.
The owner shall:
A. 
Maintain the holding tank and all of its appurtenant infrastructure components in conformance with the provisions of all applicable laws, rules, regulations, policies, resolutions and technical guidance issued by the Township, local agency and Department related to the design, approval, permitting, use and maintenance of a retaining tank.
B. 
Permit only persons authorized by the local agency and/or Department to collect, transport and dispose of the sewage stored in the holding tank.
C. 
Prepare and submit to the Township for review and approval all of the information and documentation contained in the Department's guidance document titled "Requirements for Pump & Haul: Temporary Use of Department Approved and/or Permitted Sewerage Systems" issued by the Department and such other information as may be required by the local agency and Township.
[Amended 10-18-2021 by Ord. No. 250]
A. 
Any person who or which violates any provision of this article upon being found liable thereof in a criminal summary enforcement proceeding, pay a fine of not more than $1,000, plus court costs, and may be incarcerated for a period not exceeding 90 days for each and every violation. Such fine, costs, and incarceration, after being reduced to a final, unappealed judgment, shall be enforced by the Township pursuant to the applicable Rules of Criminal Procedures. Each thirty-day period during which failure to comply continues shall constitute a separate violation. This remedy shall be in addition to any other lawful remedies available to the Township.
B. 
In addition to any other remedies provided in this article, any violation of the provisions of this article are declared to be a public nuisance abatable as such, and the Township shall have access to all legal and equitable means for the abatement of a public nuisance in addition to the powers granted hereunder.
Any obligation or duty assumed by the Township under the provisions of this article shall be limited to holding tanks installed and used pursuant to the provisions of this article.
Whenever public sanitary sewerage collection, treatment and disposal capacity becomes available to serve the property, the holding tank must be decommissioned in accordance with applicable local agency and Department regulations and proper connection made to the public sewerage system within 270 days after notice to make such connection is issued by the Township or Department.
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 seeking appropriate equitable or legal relief from a court of competent jurisdiction.
In the event any term or provision of this article shall be determined to be invalid or unenforceable, for any reason, this determination shall not affect any of the remaining terms and obligations of this article, which shall be read and construed as if the parties had initially intended to omit such term or provision determined to be invalid or unenforceable.