[Adopted 11-20-2013 by Ord. No. 2013-03]
The purpose of this article is to establish procedures for the
use and maintenance of existing and new Holding Tanks within East
Hempfield Township, Lancaster County, Pennsylvania. The enactment
of this article is necessary for the protection and preservation of
the health, safety and welfare of the inhabitants of the Township.
Unless specifically defined herein, all capitalized terms shall have the definitions provided in Chapter 200 of the Code of Ordinances of East Hempfield Township.
No Holding Tank may be installed or used within the Township
unless and until a Holding Tank permit is issued by the Township.
A Holding Tank permit may be provided only if the following conditions
are met:
A.
The Official Plan or revision to the Official Plan permits the use of Holding Tanks for the lot, and, except as provided in § 200-43C, there are no other viable alternative methods of sewage collection and disposal available to the property; or
B.
When necessary to abate an immediate nuisance or public health hazard;
or
C.
The use of a Holding Tank for a sewage flow of less than 800 gallons
per day is for an institution, for a recreational vehicle dump station,
or commercial uses.
A.
Holding Tanks shall be constructed in accordance with Pa. Code, Title
25, § 73.31(b)(1).
B.
The minimum capacity of a Holding Tank shall be 1,000 gallons, or
a volume equal to the quantity of waste of sewage generated in three
days, whichever is larger, as provided by 25 Pa. Code, Title 25, § 73.62(b).
C.
The Holding Tank shall be equipped with a warning device to indicate
when the Tank is filled to within 75% of its capacity. The warning
device shall create an audible and visual signal at a location frequented
by the lot owner or responsible individual, as required by Pa. Code,
Title 25, § 73.62(c). Additionally, a weather-resistant
sign shall be posted near the signal showing an emergency phone number
for the owner and the Township, with an explanation to call in case
of an emergency.
D.
Disposal of sewage collected from the Holding Tank shall be performed
by a hauler and at a disposal location approved or licensed by the
Pennsylvania Department of Environmental Protection.
A.
Construction of the Holding Tank shall be subject to inspection and
approval by the Township. The Holding Tank may not be placed in operation
until the Holding Tank and associated construction has been approved
by the Township.
B.
The owner shall provide the Township with inspection reports and
pumping receipts from the Holding Tank operations. The Township shall
maintain such reports for five years.
C.
Holding Tanks shall be inspected no less than annually. All inspections
shall be accompanied by a written inspection report.
D.
The owner shall have a written Holding Tank cleaning contract with
a licensed and approved hauler. Copies of the contract shall be provided
to the Township. The Township shall be notified 30 days prior to the
termination of such agreement of any material change in the agreement.
In addition to the requirements of this article, each applicant
for a Holding Tank permit shall be required to enter into a Holding
Tank agreement with the Township. This agreement may provide for the
requirement for a performance bond or other financial guarantee to
secure the owner's performance of the duties set forth in this
article. The amount of such bond, if required, shall be set by the
Board of Supervisors from time to time to reflect its best estimate
of the cost of remediating any failure to comply with the terms of
this article. The Holding Tank agreement shall also provide that the
owner is responsible for any costs incurred by the Township in the
inspection or maintenance of the Holding Tanks.
A.
Corrective action by the Township. The Township may provide written
notice of the need to repair and/or replace any part or all of the
Holding Tank, or to modify its operating procedures in order to insure
the Holding Tank facilities remain in compliance with the requirements.
The owner shall complete such repairs and/or implement such operating
procedures within 10 calendar days following written notice, and shall
certify to the Township that repairs have been made as required. Notwithstanding
the foregoing, the correction and abatement of conditions constituting
an emergency shall be performed immediately.
B.
In the event the owner fails to comply with the corrective actions
set forth in the written notice, above, the Township shall enter onto
the property and perform any repairs or replacements with respect
to the Holding Tank facilities. All costs incurred by the Township
related to such activities shall be reimbursed to the Township by
the owner. The municipality shall have the right to file a municipal
lien against the property in an amount equal to the costs incurred
by the Township, including all professional fees together with a penalty
equal to 10% of those costs.
Notwithstanding any provision to the contrary, the obligations
to review and provide permits, to inspect construction, to perform
annual inspections, and to require corrective action to be taken with
respect to Holding Tanks shall be delegated to the Sewage Enforcement
Officer of the Township, or the other such appropriate personnel as
the Board of Supervisors may appoint from time to time.
Any person who violates any provision of this article shall,
upon conviction thereof by summary proceedings, be subject to a fine
of not less than $100 and not more than $500 per day of noncompliance,
together with costs incurred by the Township in enforcing the provisions
of this article. If in default of such costs or fines, the owner may
be confined to the county prison for a period not to exceed 30 days.
In all other respects, the provisions of Chapter 200 of the Code of Ordinances are hereby ratified and confirmed.
