[Adopted 3-17-1986 by Ord. No. 197-86; amended in its entirety 11-7-2011 by Ord. No.
407-11]
[Amended 12-15-2014 by Ord. No. 424-14]
The purpose of this article is to establish procedures for the
use and maintenance of holding tanks designed to receive and retain
sewage, whether from residential or commercial uses, 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 the Township.
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this article shall be used as follows:
Easttown Municipal Authority.
Chester County Health Department.
Department of Environmental Protection of the Commonwealth
of Pennsylvania.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include but are not limited
to the following:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
VAULT PIT PRIVYA holding tank 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 periodic habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.[1]
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 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 animals or aquatic life or to the use of
water for domestic water supply or for recreation.
All facilities owned by the Authority and leased to the Township
for the collection and disposal of sewage in and for the Township.
[1]
Editor's Note: The former definition of "municipality," which
immediately followed this definition, was repealed 12-15-2014 by Ord.
No. 424-14
The use of temporary holding tanks may be permitted by the Township
to provide an interim or temporary method of sewage disposal under
circumstances where a connection to the sewer system has been approved
by the Authority and DEP but is delayed by judicial proceedings or
an administrative order or directive of DEP which limits connections
to the sewer system. The use of a temporary holding tank may be permitted
by the Township, provided that the minimum criteria set forth herein
are met:
A.
Based on the Township's official sewage facilities plan (the
"537 Plan"), the property should be connected to the sewer system,
but the connection to the sewer system is prohibited by judicial proceedings
or by an administrative order or directive of DEP which limits connections
to the sewer system for an interim time frame.
B.
Regulations issued by DEP permit the use of a temporary holding tank.
C.
The property is otherwise suitable for a holding tank.
D.
All holding tanks shall be constructed and maintained in conformance
with the provisions of this article and Title 25 of the Pennsylvania
Code, as may be amended and supplemented from time to time.
E.
All holding tanks shall be installed below grade.
A.
The Board is authorized and empowered to adopt such rules and regulations
concerning the use of temporary holding tanks which it may deem necessary
from time to time.
B.
The Board shall retain the right, but not the obligation, to undertake
any of the duties or responsibilities of the property owner that are
imposed in this article in the event that the property owner fails
to comply with any of the provisions of this article. Any costs incurred
by the Township to enforce the provisions of this article, including
reasonable attorney fees, shall be chargeable against the property
owner. If the property owner fails to reimburse the Township for such
costs, the Township may file a municipal lien against the property
in accordance with the Municipal Claims and Tax Liens Law.[1]
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
All rules and regulations adopted by the Board shall be in conformity
with the provisions herein, all other ordinances of the Township,
and all applicable laws and rules and regulations of the administrative
agencies of the Commonwealth of Pennsylvania, including the DEP and
the Chester County Health Department.
The Township and Authority shall have the right and power to
fix, alter, charge and collect rates, assessments and other charges
in the area served by the sewer system at reasonable and uniform rates
as authorized by applicable law.
The collection and transportation of all sewage from any improved
property utilizing a temporary holding tank shall be done solely pursuant
to the licensing provisions established by the CCHD. The Township
shall receive and review pumping receipts from holding tanks on a
semiannual basis and may conduct inspections for holding tanks as
necessary to ensure compliance with this article.
The owner of a property that utilizes a holding tank shall:
A.
Install and maintain the holding tank in conformance with this article,
any other applicable ordinance of the Township, the provisions of
any applicable law and the rules and regulations of the Authority,
the Board, the CCHD and the DEP.
B.
Require a duly licensed sewage disposal contractor to inspect the
holding tank on an annual basis and provide a written report of such
inspection to the Township.
C.
Permit only a duly licensed sewage disposal contractor to collect,
transport, and dispose of the contents stored in the holding tank.
D.
Submit to the Township on an annual basis an executed contract for
the maintenance of the holding tank with a duly licensed sewage disposal
contractor. Such contract shall be renewed or replaced and kept in
full force and effect during the entire period in which a holding
tank is utilized. Failure to maintain such a contract or submit the
contract to the Township shall cause an immediate revocation of the
holding tank permit.
E.
Submit to the Township on a semiannual basis pumping receipts from
holding tanks.
F.
Within 60 days of notice from the Authority that it may allow connection
of the property to the sewer system, the property owner must fill
the holding tank with an approved material and remove and properly
dispose of the tank.
G.
Execute and record an operations and maintenance agreement in the
form which is attached hereto as Exhibit A,[1] which shall be recorded against the property and shall
be a covenant running with the land. The operations and maintenance
agreement shall require the property owner to post financial security
with the Township in an amount necessary to guarantee sufficient funds
for all anticipated pumping for at least six months and to cover the
Township's administrative, engineering and inspection fees incurred
in connection with enforcing this article.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution, including reasonable
attorneys' fees. In default of payment thereof, the defendant may
be sentenced to imprisonment for a term not exceeding 90 days. Each
day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense.
In addition to any other remedies provided in this article,
any violations of the provisions of this article shall constitute
a nuisance and shall be abated by the Township or the Authority by
either seeking appropriate equitable or legal relief from a court
of competent jurisdiction.
