[Adopted 5-6-2008 by Ord. No. 2008-1]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this article shall be as follows:
The Supervisors of the Township of Carroll in Washington
County, Pennsylvania, or their designated third party.
The Pennsylvania Department of Environmental Protection or
its successor state agency.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
sewage at another site. The term shall include:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank to which sewage is conveyed by a water-carrying system.
PRIVYA holding tank designed to receive sewage where water under pressure is not available.
An agreement between the agency and the existing property
owner.
Any property within a 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 within the Township.
Any individual, partnership, company, association, corporation
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 agency is hereby authorized and empowered to undertake within
the Township the control and methods of holding tank construction,
maintenance, removal, use, sewage disposal and sewage collection and
transportation thereof.
The agency is hereby authorized and empowered to adopt such
rules and regulations concerning sewage which it may deem necessary
from time to time to effect the purposes herein.
All such rules and regulations adopted by the agency shall be
in conformity with the provisions herein, all other ordinances of
the Township, and all applicable laws and applicable rules and regulations
of administrative agencies of the Commonwealth of Pennsylvania.
The agency shall have the right and power to fix, alter, charge
and collect rates, assessments and other charges in the area served
by its facilities at reasonable and uniform rates as authorized by
applicable law.
A.
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall be done solely by or under
the direction and control of the agency, and the disposal thereof
shall be made only at a site or sites as may be approved by the Department
of Environmental Protection of the Commonwealth of Pennsylvania.
B.
The agency will receive, review and retain pumping receipts from
permitted holding tanks.
C.
The agency will complete and retain annual inspection reports from
each permitted holding tank.
D.
The agency will require an assigned holding tank agreement between
the agency and the property owner.
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this article or any
ordinance of this Township, the provisions of any applicable law,
and the rules and regulations of the agency and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Permit only the agency or its agent to inspect holding tanks on an
annual basis.
C.
Permit only the agency or its agent to collect, transport and dispose
of the contents therein.
D.
Agree to certain terms, rules and regulations therein the holding
tank agreement between the agency and the property owner.
Holding tanks may be used, subject to the provisions of this
article, to serve as temporary sewage disposal from existing structures
within the Township of Carroll: where on-lot sewage disposal facilities
are not feasible due to unsuitability of soils; for a temporary sewage
disposal from existing structures where a malfunction in the presently
installed on-site sewage treatment system cannot be suitably repaired
or replaced due to unsuitability of soils; or to temporarily serve
for sewage disposal for new construction in any area of the Township
for which a revision to the Township's Official Sewage Facilities
Plan has been approved by the Department.
A.
Any landowner seeking to use a holding tank for sewage disposal on
any lot situated in the Township shall, after receipt of municipal
and Department Official Sewage Facilities Plan approval, obtain a
permit from the agency.
B.
Permit application shall be made upon a form to be supplied by the
agency to any landowner upon such landowner's request.
C.
The landowner shall file the completed and executed application for
permit with the agency and shall supply to the agency such application
fees as the agency may from time to time prescribe by resolution.
D.
The landowner shall cooperate with the agency at all stages of the
application process.
E.
A permit shall be issued to the landowner upon proper application
after the agency has amended its Official Sewage Facilities Plan and
after approval by the Department.
F.
Any person/owner that has in use a public water system shall provide
the agency with a copy of the water use record/bill every three months
at the agency's address at 130 Baird Street, Monongahela, Pennsylvania
15063.
G.
Prior to grant of permit, the landowner shall obtain and file with
the agency a certified copy of each of the following documents:
(1)
A completed application;
(2)
A written contract between the landowner and qualified and responsible
holding tank cleaner for the term of the holding tank permit, which
contract shall provide for the timely and regular removal of the contents
of the holding tank by the holding tank cleaner and for the removal
of the said contents to an approved disposal site for final disposition;
(3)
A certified copy of a written contract between the holding tank cleaner
and the disposal site, providing the holding tank cleaner with the
right to dispose of the holding tank contents;
(4)
Fees as established by resolution of the agency; and
(5)
An agreement to reimburse and indemnify the agency for any liability,
costs and expenses which shall or may be incurred by the agency in
actions to enforce compliance by the landowner or to remove the contents
of the holding tank upon default or failure of the landowner to perform
or for any fines incurred by the agency by reason of the landowner's
failure to comply with this article, any properly enacted amendment
hereto, or the laws and regulations of the Commonwealth of Pennsylvania.
The agreement shall be in the form required by the agency.
A.
In the event a holding tank permit has been issued for new construction
pending the installation of an off-site sewage disposal system, the
landowner shall remove or cause the removal of the holding tank within
20 days after the use of the off-site sewage disposal system is made
available to the landowner and shall connect with the off-site disposal
system in the same time.
B.
The agency, at its option, shall have the right to enter upon the
premises of a landowner for the purpose of removing or causing the
removal of any holding tank which remains in place in violation of
this article. All costs and expenses of removal shall be borne by
the landowner.
A.
Any holding tank installed or maintained pursuant to a permit issued
under this article shall comply in all respects with the specifications
set forth in the regulations of the Department, 25 Pa. Code Chapter
73, inclusive.
B.
The landowner shall cause the holding tank and all lines, pipes or
conduits to the same to be maintained in a good watertight condition
at all times.
C.
All holding tanks shall be installed on a firm and stable soil or
subsoil and in such manner as to prevent settlement or movement.
D.
No holding tank or lines to the holding tank shall be covered until
the agency shall have first inspected and approved the installation
and authorized covering the same. The landowner shall be responsible
for furnishing the officer reasonable notice of the installation.
E.
The landowner shall cause a holding tank to be cleaned as frequently
as may be required to maintain the contents at a level less than 75%
of the tank capacity.
F.
Holding tanks shall be installed at least 50 feet downgrade from
any source of water supply.
Any person who violates any provisions of § 205-36 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $500 and not more than $5,000 and, in default of said fine and costs, to undergo imprisonment in the County Prison for a period not in excess of 90 days.
In addition to any other remedies provided in this article, any violation of § 205-36 above shall constitute a nuisance and shall be abated by the municipality or the agency, or either, seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
