[Adopted 3-26-2001 by Ord. No. 2001-3 (Ch. 18, Part 1, of
the 1991 Code of Ordinances)]
This article shall be known as the "Fairview Township Maintenance
and Use of Retaining Tanks Ordinance."
The purpose of this article is to establish procedures for the
use and maintenance of existing and new retaining tanks designed to
receive and retain sewage whether from residential or commercial use;
and 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 inhabitants of this Township.
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this article shall be as follows:
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any property within the 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.
A watertight receptacle that receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage of another site. Retaining tanks include but are not limited
to the following:
HOLDING TANKA watertight tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
PRIVYA watertight tank designed to receive sewage where water under pressure is not available.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
or 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. The term includes
any substance that constitutes pollution under the Clean Streams Law.
An official of the local agency who reviews permit applications
and sewage facilities planning modules, issues permits as authorized
by the Pennsylvania Sewage Facilities Act[1] and conducts investigations and inspections that are necessary
to implement the Act and the regulations thereunder.
A system of sewage collection, conveyance, treatment and
disposal that will prevent the discharge of untreated or inadequately
treated sewage or other waste into waters of this commonwealth or
otherwise provide for the safe and sanitary treatment and disposal
of sewage or other waste.
Fairview Township, York County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
The Fairview Township Board of Supervisors has exclusive authority
for approval of use of retaining tanks and is hereby authorized and
empowered to undertake within the Township the control and methods
of retaining tank sewage disposal and the collection and transportation
thereof, as specifically authorized through Pa. Code, Title 25, Chapter
71, § 71.63.
The Township hereby requires that all retaining tanks be constructed,
installed and maintained in accordance with federal and state laws
and regulations, including, without limitation, the regulations contained
in Title 25 of the Pennsylvania Code, Chapters 71 and 73.
Application for the installation of a retaining tank, whether
a new installation or a replacement of an existing installation, shall
be made as follows:
A.
No application shall be filed until all requirements under federal
and state laws and regulations have been met, including but not limited
to the obtaining by the applicant of written approval from the Department
of Environmental Protection, as required under Title 25, Pa. Code,
§ 73.61.
B.
The applicant shall submit a letter of application to the Township
Sewage Enforcement Officer.
C.
The applicant shall be responsible for all costs incurred by the
Township in the review of the application.
D.
The property owner shall submit a plan with the proposed location
and design detail of the holding tank for review by the Sewage Enforcement
Officer and approval by the Township prior to installation or construction.
E.
The owner shall maintain the retaining tank in conformance with this
article or any ordinance of this Township, the provisions of any applicable
law and the rules and regulations of any administrative agency of
the Commonwealth of Pennsylvania.
F.
The Sewage Enforcement Officer shall review the application for compliance
with applicable laws and regulations and shall submit a written report
and recommendation to the Board of Supervisors within 30 days of receipt
of the application.
G.
The Board of Supervisors shall vote on the application at the meeting
following receipt of the written report and recommendation from the
Sewage Enforcement Officer. The Sewage Enforcement Officer shall attend
the meeting of the Board of Supervisors upon request of the Board
of Supervisors or its designee.
The Township shall have the right and power to fix, alter, charge
and collect rates, assessments and other charges.
A.
The Township will receive, review and retain pumping receipts from
permitted retaining tanks.
B.
The Township will receive, review and retain annual inspection reports
for each permitted retaining tank.
C.
The Township, its Sewage Enforcement Officer or other designee shall
have the right of access for inspection of the retaining tank or correction,
if necessary, of any malfunction.
The owner of an improved property that is granted Township approval
for a retaining tank shall enter into an agreement with the Township
to include, at a minimum, the following conditions:
A.
The collection and transportation of all sewage from any improved
property utilizing a retaining tank shall be contracted by the owner
and approved by the Township, and the disposal thereof shall be made
only at such site or sites as may be approved by the Department of
Environmental Protection of the Commonwealth of Pennsylvania.
B.
The owner shall provide the Township with pumping receipts for the
permitted retaining tank.
C.
The owner shall perform an annual inspection of the permitted retaining
tank by the Township or anyone acting under the direction or approval
of the Township and submit a written inspection report to the Township.
D.
The owner shall allow Township access to the retaining tank for inspection
or correction, if necessary, of any malfunction.
E.
The owner shall be responsible for all costs incurred by the Township
associated with the retaining tank.
F.
The owner shall provide financial security for a term of one year
in an amount based upon an estimate, approved by the Township, for
the cost of the installation, construction and maintenance, including
pumping, of the retaining tank to ensure the owner's obligations
in accordance with this article. Although the Board of Supervisors
may accept an alternative type of financial security, commonly accepted
forms of financial security are irrevocable letters of credit and
escrow accounts posted with a bonding company or federal- or commonwealth-chartered
lending institution chosen by the party posting the financial security,
provided that said bonding company or lending institution is authorized
to conduct such business in the Commonwealth of Pennsylvania.
In addition to any other remedies provided in this article, any violation of §§ 232-25 and 232-29 above shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or seeking appropriate equitable or legal relief from a court of competent jurisdiction.
Any person found to be in violation of this article shall pay
a fine of not more than $1,000. The person specifically authorized
by the Board of Supervisors of Fairview Township shall determine in
each instance whether a violation has occurred under this article.
Upon determination that a violation has occurred, the officer or other
person designated by the Board of Supervisors shall impose a fine
upon the violator and shall give the violator written notice by United
States mail or in person of the violation and the imposition of the
fine. If the violator fails to pay the fine within the time specified
in the notice of violation, the authorized person may institute a
civil enforcement proceeding on behalf of the Township, and any person
found to be in violation shall pay the fine as set forth above plus
all court costs and reasonable attorney's fees incurred by the
Township in the civil enforcement proceeding. Each day that a violation
of this article continues shall constitute a separate offense.
