[Ord. 340, 7/9/2012]
This Part shall be known and may be cited as the "Jefferson
Township Sewage Holding Tank Ordinance."
[Ord. 340, 7/9/2012]
This Part is adopted pursuant to the authority set forth in
the Pennsylvania Sewage Facilities Act, Act 537, 35 P.S. § 750.1
et seq. and the Pennsylvania Clean Streams Law, 35 P.S. § 691.1
et seq.
[Ord. 340, 7/9/2012]
A.
The purpose of this Part is to protect the public health by preventing
the discharge of untreated or inadequately treated sewage into the
soil or waters of the Commonwealth.
B.
This Part is intended to implement the provisions of the Pennsylvania
Sewage Facilities Act ("Act 537"), and the regulations and standards
promulgated by the Pennsylvania Department of Environmental Protection
("PADEP") pursuant to Act 537, and the provisions of the Pennsylvania
Clean Streams Law, and the regulations and standards promulgated pursuant
to the Clean Streams Law.
[Ord. 340, 7/9/2012]
This Part shall apply to the installation of holding tanks and
multiple portable toilets on a single site within the corporate limits
of Jefferson Township, Butler County, Pennsylvania.
[Ord. 340, 7/9/2012]
The following words and phrases shall have the meanings set
forth herein unless the context of the use thereof dictates another
interpretation:
The Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1
et seq., as amended.
A sewage facility, whether publicly or privately owned, for
the collection of sewage from two or more lots, or two or more equivalent
dwelling units, and the treatment or disposal, or both, of the sewage
on one or more of the lots or at another site.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water-carrying system
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. Sewage permits for temporary holding
tanks shall expire no later than 18 months from the date the permit
was issued and are not renewable.
A system of piping, tanks, or other facilities serving a
single lot and collecting and disposing of sewage in whole or in part
into the soil or serving a single lot and collecting and disposing
of sewage in whole or in part into the soil or into waters of this
commonwealth or by means or conveyance to another site for final disposal.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the corporate limits of Jefferson
Township, Butler County, Pennsylvania.
The Pennsylvania Department of Environmental Protection or
any successor department or agency of the Commonwealth of Pennsylvania.
Any individual, association, public, or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau, or agency of the United States, commonwealth, political
subdivision, municipality, district, authority, or another legal entity
which is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a penalty or a fine or
imprisonment, the term includes the members of an association, partnership,
or firm and the officers of any local agency or municipal, public,
or private corporation for profit or not for profit.
A portable nonflushing toilet using chemical treatment in
the retaining tank for odor control.
Any person properly licensed or certified by the commonwealth
of Pennsylvania who engages in pumping out sewage holding tanks and
transports the sewage cleaned, removed, or extracted from such systems.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animal
and noxious or deleterious substances, including but not limited to
gray water, 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 which constitutes pollution under the
Clean Streams Law, 35 P.S. § 691.1 et seq., as amended.
An official appointed by the Board of Supervisors and certified
by PADEP who reviews sewage permit applications, and sewage facilities
planning modules, issues permits as authorized by Act 537, the regulations
and standards promulgated under Act 537 and this Part, and conducts
investigations and inspections that are necessary to implement Act
537, the regulations and standards promulgated by the PADEP pursuant
to Act 537, and this Part. The term shall include the Alternate Sewage
Enforcement Officer.
A revision to, or exception to the revision of, the Township's
Official 537 Plan submitted in connection with the request for approval
of a subdivision or land development in accordance with PADEP regulations.
Jefferson Township, Butler County, Pennsylvania.
[Ord. 340, 7/9/2012]
1.
A sewage permit issued by the Township is required prior to the construction
or installation of any permanent or temporary sewage holding tank.
2.
A sewage permit issued by the Township is required prior to the installation
of four or more portable toilets at a single construction site, natural
gas or oil well drilling site, recreational or sporting activity,
or seasonal facility.
3.
Permanent sewage holding tanks shall only he permitted:
A.
When the use is necessary to abate a nuisance or public health hazard.
5.
Four or more portable toilets installed at a single construction
site, natural gas or oil well drilling site, recreational or sporting
activity, or seasonal facility shall be covered by one sewage permit.
6.
Three or fewer portable toilets installed at a construction site,
natural gas or oil well drilling site, recreational or sporting activity,
or season facility are exempt from sewage permit requirements.
7.
Sewage permits issued for portable toilets or temporary holding tanks
shall expire no later than 18 months from the date the permit was
issued and are not renewable.
8.
To apply for a sewage permit, the applicant shall submit a complete
sewage permit application to the Township, on a form provided by the
Township. The Township may require the applicant to provide additional
information to assure that the proposed sewage facilities, holding
tank, and/or portable toilets will comply with the requirements of
Act 537, the regulations, and standards promulgated by PADEP pursuant
to Act 537, and the provisions of the ordinance.
9.
The applicant shall fully pay all application fees, as set by the
Board of Supervisors by resolution and as amended from time to time,
to the Township at the time the application is submitted to the Township.
10.
The Sewage Enforcement Officer shall issue or deny a sewage permit
within seven days after receiving a complete application. If the Sewage
Enforcement Officer determines that the application is incomplete
or that additional information is required, he shall communicate the
nature of the deficiency or request supplemental information from
the applicant in writing within seven days of receipt of the application.
When the required information is received, the Sewage Enforcement
Officer shall act upon the application within 15 days.
11.
The Sewage Enforcement Officer shall be authorized to issue a permit
for a sewage system utilizing a temporary holding tank only upon the
finding that all of the following conditions have been met:
A.
The applicant has entered into a maintenance, inspection, and pumping
agreement with a licensed company, acceptable to the Township, for
the pumping, transportation, and disposal of sewage from the tank
at a PADEP-approved disposal site; and
B.
The applicant has provided the Township with a copy of written verification
from the proposed disposal site that the facility has adequate capacity
for disposal of the applicant's sewage; and
C.
The applicant has entered into a maintenance agreement with the Township
establishing the applicant's responsibilities regarding operation,
maintenance, repair, and removal of the holding tank and authorizing
the Township to conduct random/periodic inspections of the site, sewage
facilities and holding tank; and
D.
The applicant has promptly paid all fees, costs, and expenses related
to the issuance of the sewage permit and posted financial security
with the Township for the estimated costs associated with inspection,
maintenance, repair, removal, pumping, transportation, and disposal
of sewage from the holding tank and remediation of the property resulting
from any contamination of the site; and
E.
The plans for the installation, operation, maintenance, repair, and
removal of the holding tank and the pumping, transportation and disposal
of sewage from the holding tank meets all PADEP requirements.
12.
Failure of the Sewage Enforcement Officer to finally act on an application
for a sewage permit does not constitute permit approval. If the Sewage
Enforcement Officer does not finally act on a complete initial application
within 15 days of receipt, or within 30 days of receipt of all required
supplemental information, the applicant may request a hearing before
the Board of Supervisors.
13.
Denial of Permits. Written notice of denial of a sewage permit shall
be provided by the Sewage Enforcement Officer to the applicant. The
notice shall include the reasons for denial and provide notice of
the applicant's right to request a hearing before the Board of
Supervisors. The Sewage Enforcement Officer shall provide a copy of
the notice of denial to PADEP within seven days of issuance.
14.
Revocation of Permits. The Sewage Enforcement Officer may revoke
a sewage permit at any time for one or more of the following reasons:
A.
When a change has occurred in the physical conditions of any lands
which will materially affect the sewage system; or
B.
When one or more tests material to the issuance of the permit has
not been properly conducted; or
C.
When information relevant to the issuance of the permit has been
falsified; or
D.
When the original decision of the Township otherwise failed to conform
to Act 537 or the regulations and standards adopted pursuant to Act
537; or
E.
When the permit holder has violated Act 537, the regulations and
standards adopted pursuant to Act 537, or the requirements of the
permit; or
F.
The permit holder has failed or refuses to comply or to continue
to comply with any of the provisions of this Part.
15.
Written Notice of Revocation. The Sewage Enforcement Officer shall
provide written notice of revocation of the sewage permit to the permit
holder. The notice shall include the reasons for revocation, notice
of the permit holder's right to request a hearing before the
Board of Supervisors within 10 days of receipt of the revocation notice,
and prohibit any further construction activity and/or use of the holding
tank and/or the structure for which is it intended or portable toilets
until a new permit is issued or the revocation is reversed on appeal.
16.
If the permit holder fails to file a written request for a hearing
within 10 days after receipt of the notice of revocation, the revocation
shall be final.
17.
Transfer of Applications/Permits. A sewage application or sewage
permit may be transferred from the applicant or permit holder to a
subsequent owner with the transfer of the property. Such transfers
are not valid until approved in writing by the Board of Supervisors
and, in the case of sewage permits, until the subsequent owner receives
a copy of the application under which the permit was issued.
[Ord. 340, 7/9/2012]
1.
All holding tanks shall be constructed to meet the specifications
of Act 537 and the regulations and standards promulgated by the PADEP
pursuant to Act 537 (25 Pa.Code § 73.62, relating to standards
for holding tanks) as may be amended from time to time.
2.
The minimum capacity of a holding tank shall be 1,000 gallons or
a volume equal to the quantity of waste generated in three days per
unit, whichever is larger.
3.
All holding tanks 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 sign at a location frequented
by the permit holder or responsible individual.
4.
The permit holder shall ensure that holding tanks and all related
piping are properly winterized to protect the effluent from freezing.
[Ord. 340, 7/9/2012]
1.
The permit holder shall, at all times:
A.
Operate and maintain sewage systems utilizing a holding tank so that
the system will function in the manner in which it was designed; and
B.
Prevent the unlawful discharge of sewage; and
C.
Maintain the area around the holding tank so as to provide convenient
access for cleaning, pumping, inspection, maintenance, repair, and
removal of the tank.
2.
Pumping Receipts. Each time a holding tank is cleaned and/or pumped,
the permit holder shall provide the Sewage Enforcement Officer, within
five days of completion, a pumping receipt, which shall contain, at
a minimum, the following information;
A.
Tax Map identification and parcel number.
B.
Name and address of the permit holder.
C.
Address of the tank location, if different from the permit holder's
address.
D.
Name, business address, and telephone number of the pumper.
E.
Date of pumping.
F.
Amount or volume of material removed from the tank.
G.
Name, address, telephone number, and NPDES permit number of the facility
treating the removed material.
H.
The name and signature of the pumper's employee performing the
services.
3.
The Township may, at its discretion, place additional operational
and/or maintenance requirements on any sewage system utilizing a holding
tank permitted by the Township.
[Ord. 340, 7/9/2012]
1.
Pumping and Disposal Agreements. The permit holder is required to
enter into a valid maintenance inspection and pumping agreement with
an individual, firm, or corporation with experience in sewage holding
tank maintenance and cleaning and a letter of agreement with the proposed
disposal site providing the facility's NPDES permit number and
verifying the facility has adequate capacity for disposal of the material
removed and transported to the facility.
2.
Bonding Requirements. The permit holder shall be required to post
a cash bond with the Township in the amount of $1 per gallon of the
holding tank capacity but not less than $1,000, per unit.
3.
The cash bond or a portion of the bond shall be forfeited to the
Township on the occurrence of any of the following:
A.
In the event the holding tank is not maintained according to the
terms of the maintenance, inspection, and pumping agreement, the Township
may use the bond to pay to provide for the proper servicing of the
holding tank and any related costs incurred by the Township.
B.
In the event the permit holder does not reimburse the Township for the costs associated with municipal inspections and/or tests, as provided for in § 18-310 below, the Township may use the bond to pay for such expenses and any related costs incurred by the Township.
C.
In the event the holding tank is removed by the Township either by
consent of the permit holder or as a result of court action, the Township
may use the bond to pay for the cost of removal and for any related
costs, including but not limited to legal costs, incurred by the Township.
4.
In the event the funds from the cash bond fall below 75% of the original
amount for any reason, the permit holder shall be required to replenish
the cash bond to its original amount, within 30 days of receipt of
notice from the Township.
5.
The existence or use of the bond or a portion thereof shall not relieve
the permit holder of responsibility to fully reimburse the Township
for any and all related fees, costs, or expenses in excess of the
face amount of the bond.
[Ord. 340, 7/9/2012]
1.
The permit holder shall notify the Sewage Enforcement Officer of
the installation or construction schedule for a sewage system utilizing
a holding tank so the appropriate inspections and tests may be scheduled
and performed by the Township.
2.
The permit holder shall notify the Sewage Enforcement Officer when
the installation or construction of a sewage system utilizing a holding
tank is complete and ready for final inspection. Prior to the final
inspection, the permit holder shall provide the Sewage Enforcement
Officer with three full-sized copies of the as-built plans for the
system. No part of the sewage system may be covered until the final
inspection is conducted and final written approval to cover the system
is given by the Township. If the system has been covered prior to
final inspection, the Sewage Enforcement Officer may order the system
to be uncovered at the expense of the permit holder.
3.
Municipal Inspection and Test Requirements. The permit holder and
owner shall permit the Township and its authorized agents to inspect
and test, at the owner's sole cost, any sewage system utilizing
a holding tank at such times as the Township deems appropriate, or
at least monthly inspections of temporary holding tanks. The permit
holder shall reimburse the Township for the actual costs, fees, and
expenses directly related to the inspections and tests.
4.
Scope of Municipal Inspections and Tests. Municipal inspections and
testing may include but are not limited to a physical tour of the
property, inspection of the sewage facilities, and all components
of the sewage system, sampling surface water, wells, groundwater,
and/or the contents of the system itself, and the introduction of
a traceable substance into the interior plumbing of the structure,
building served and/or the system itself to ascertain the path and
ultimate destination of wastewater (i.e., dye test).
5.
Malfunctioning Systems. The permit holder and Township shall notify
the Sewage Enforcement Officer of any sewage system utilizing a holding
tank that is suspected or reported to be malfunctioning, operated
improperly or causing a nuisance, water pollution, or public health
hazard. The Sewage Enforcement Officer shall inspect and/or test such
system within two days of receiving such information.
6.
Inspection Reports. The Sewage Enforcement Officer or other authorized
agent(s) of the Township shall make a written inspection report and
provide a copy of the report to the permit holder and Township within
seven days of completion of the inspection. The report shall contain,
at a minimum, the following information:
7.
The Township shall retain the inspection report for five years.
[Ord. 340, 7/9/2012]
1.
Upon finding of the Township that any provision of this Part has
been violated or that the terms of any permit or agreement have been
violated or that the use of the holding tank or portable toilets is
creating a danger to the health, safety, and welfare of the inhabitants
of the Township or to the environment, the Sewage Enforcement Officer
shall provide the permit holder with a written notice of violation,
and the use of the holding tank or portable toilets shall immediately
cease and the permit holder shall take all steps required to remedy
the violation (which may require but is not limited to removal of
the holding tank). Notice shall be deemed given in accordance with
this subsection by either mailing the notice by regular mail, postage
prepaid, to the permit holder or posting of the notice on the premises.
2.
If the permit holder fails to comply with the notice, the Township
shall have the right to perform such necessary work or contract to
have such necessary work performed to remedy the violation (which
may include but is not limited to removal of the holding tank). All
costs incurred by the Township, together with additional 10% thereof,
shall be chargeable to and paid by the permit holder within 30 days
of receipt of an invoice from the Township.
[Ord. 340, 7/9/2012]
1.
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of the Part.
2.
The Township shall employ qualified individuals to carry out the
provisions of this Part. Such employees may include a Sewage Enforcement
Office, Code Enforcement Officer, secretary, administrator, or other
persons as required. The Township may also contract with other private
qualified persons or firms, as necessary, to carry out the provisions
of this Part.
3.
The Sewage Enforcement Officer shall maintain and provide to the
Township, within seven days of completion of such activity, copies
of all sewage permits, records, reports, files, and other written
material relating to the installation, operation, maintenance, alteration,
repair, replacement, or removal of holding tanks and portable toilets
in the Township.
4.
The Township's sewage records shall be available for public
inspection, upon request, during normal business hours at the Township
office.
5.
The Township may establish additional administrative procedures necessary
to properly carry out the provisions of this Part.
[Ord. 340, 7/9/2012]
1.
The Board of Supervisors, by properly enacted ordinance or resolution,
may establish and set a schedule of fees, and collect such fees, to
cover the costs to the Township of administrating and enforcing this
Part. The fee schedule may establish different charges for various
activities consistent with the administrative and personnel costs
necessary to support the permit application and planning module review
process and maintenance, inspection, testing and enforcement programs.
2.
When engineering or consulting services are required by the Township
to administer this Part, the review fees charged for such services
shall be reasonable and in accordance with the ordinary and customary
charges by the engineer or consultant for similar service in the community,
and in no event shall the fees exceed the rate or cost charged by
the engineer or consultant to the Township when fees are not reimbursed
by or imposed on applicants.
A.
In the event the applicant/permit holder disputes the amount of a
review fee or charge, the applicant/permit holder shall, within 10
working days of the date of billing, notify the Township that the
fees or expenses are disputed as unreasonable or unnecessary, in which
case the Township shall not delay or disapprove an application for
any approval or permit due to the dispute over fees or charges.
B.
If, within 20 days from the date of billing, the Township and the
applicant/permit holder cannot agree on the amount of fees or charges
which are reasonable and necessary, the applicant/permit holder and
Township shall jointly, by mutual agreement, appoint a qualified registered
professional engineer or geologist licensed in this commonwealth to
review the fees and charges and make a determination as to the amount
which is reasonable and necessary.
C.
In the event that the Township and applicant/permit holder cannot
agree upon the professional engineer or geologist to be appointed
within 20 days of the billing date, then, upon application of either
party, the President judge of the Butler County Court of Common Pleas
or, if at the time there is no President judge, the senior active
judge then sitting shall appoint such engineer or geologist. The engineer
or geologist shall be neither the Township's engineer or geologist
nor any professional engineer or geologist nor consultant who has
been retained by or performed services for the Township or the applicant/permit
holder within the preceding five years.
D.
The professional engineer or professional geologist so appointed
shall hear such evidence and review such documentation as he, in his
sole discretion, deems necessary and render a decision within 50 days
of the billing date. The applicant/permit holder shall be required
to pay the entire amount determined in the decision immediately.
E.
The fee of the appointed professional engineer or professional geologist
for determining the reasonable and necessary expenses shall be paid
by the applicant/permit holder if the amount of the payment required
in the decision is equal to or greater than the original bill. If
the amount of payment required in the decision is less than the original
bill by $500 or more, the Township shall pay the fee of the professional
engineer or professional geologist. Otherwise, the Township and the
applicant/permit holder shall each pay 1/2 of the fees of the appointed
professional engineer or professional geologist.
[Ord. 340, 7/9/2012]
1.
Any person aggrieved by an action of the Sewage Enforcement Officer
in issuing or denying a sewage permit, or issuing a notice of violation
or order, other than a permit revocation, shall have the right, within
30 days after receipt of the notice of the action, to submit a written
request for a hearing before the Board of Supervisors.
2.
Any person aggrieved by an action of the Sewage Enforcement Officer
in revoking a permit shall have the right, within 10 days after the
receipt of the notice of such action, to submit a written request
for a hearing before the Board of Supervisors or the revocation action
shall become final.
3.
The hearing application fee, set by the Board of Supervisors by resolution
and as amended from time to time, shall be fully paid to the Township
at the time the written request for a hearing is submitted to the
Township.
4.
Hearing requests shall state concisely all reasons for the appeal.
5.
The Board of Supervisors shall hold a public hearing within 30 days
after receipt of the timely and complete written request for a hearing.
6.
The Township shall notify PADEP of the hearing at least three days
prior to the hearing date. The notification shall include a statement
of the reasons for the appeal.
7.
Hearing under this section shall be conducted pursuant to the Local
Agency Law, 2 Pa.C.S.A. § 551 et seq.
8.
Any party aggrieved by the decision of the Board of Supervisors may,
within 30 days after such decision, file an appeal to the Court of
Common Pleas of Butler County.
9.
The Township shall defend its actions during the course of a subsequent
appeal to the Court of Common Pleas of Butler County or other judicial
or administrative body.
[Ord. 340, 7/9/2012]
1.
Any person who shall violate any provision of this Part or who is
the owner of a property on which a condition exists which constitutes
a nuisance under this Part or who resists or interferes with any employee,
officer, or agent of the Township in the performance of his or her
duties under this Part shall be guilty of a summary offense. Upon
conviction thereof in an action brought before a Magisterial District
Judge in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, such person shall
be sentenced to pay a fine of not less than $500 and not more than
$5,000, plus costs, each violation shall be a per-day violation, and
attorney fees, or to imprisonment not to exceed 90 days, or both.
2.
A violation of any provision of this Part or the discharge of untreated
or partially treated sewage to the surface of the ground or into the
waters of the commonwealth, except as approved by the PADEP or permitted
by the Township, shall constitute a nuisance and shall be abatable
in the manner by law or equity.
3.
In addition to or in lieu of criminal or civil action, the Township
may institute suits in equity to restrain or prevent violations of
this Part.
4.
Nothing contained in this section shall be construed or interpreted
to grant any person or entity other than the Township the right to
commence an action for enforcement pursuant to this Part.
