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.
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.
TOWNSHIP
New Garden Township, Chester County, Pennsylvania.
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.
[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.