[Ord. 122-2006, 12/15/2006]
The purpose of this Part is to establish procedures for the
use and maintenance of existing and new holding tanks and privies
designed to receive and retain sewage whether from residential or
nonresidential uses and it is hereby declared that the enactment of
this Part is necessary for the protection, benefit, and preservation
of the health, safety and welfare of the inhabitants of Township.
[Ord. 122-2006, 12/15/2006]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
The number of times a holding tank is anticipated to require
pumping during the term of an agreement. The number of events is computed
by the following formula. (H X .85)/gpd = PE. H = Holding tank size.
gpd = gallons per day of sewage. The gpd is based on the values provided
in 25 Pa. Code § 73.17, PE = pumping events.
A sewage generating activity not strictly for residential
or residential accessory use.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human being and from which structure sewage shall or may
be discharged, or any property within the Township upon which there
is presently erected a structure intended for continuous or periodic
habitation or commercial or industrial usage providing said improved
property is experiencing a malfunction of an existing on-lot septic
system, which malfunction cannot feasibly be rectified.
Honey Brook Township, Chester County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, as well as any property located in the Township.
A holding tank serving an improved property for more than
24 months or intended for use as a permanent sewage disposal method
as approved by the Sewage Enforcement Officer.
Any individual, partnership, company, association, corporation
or other group or entity, but shall not include Honey Brook Township.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Retaining tanks include but are not limited
to the following:
CHEMICAL TOILETA permanent or portable non-flushing toilet using chemical treatment in the retaining tank for odor control.
HOLDING TANKA tank, whether permanent or temporary, where sewage is conveyed by a water carrying system.
PRIVYA watertight receptacle designed and constructed to facilitate the ultimate disposal of sewage at another site, which receives and retains sewage at sites where no piped water under pressure and no piped wastewater is available.
INCINERATING TOILETA device capable of reducing waste materials to ashes.
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
A substance, including laundry waste, that contains the waste
products or excrement or other discharge from the bodies of human
beings; a substance harmful to the public health, to animal or aquatic
life or to the use of water for domestic water supply or recreation;
or a substance which constitutes pollution under the Clean Streams
Law, 35 P.S. § 691.1 et seq. It is contemplated that the
term "sewage" shall be broadly construed and shall be coextensive
within the meaning ascribed thereto under the regulations of the Department
of Environmental Protection of the Commonwealth of Pennsylvania.
Any person certified by the State Board for the Certification
of Sewage Enforcement Officers, who is employed by the Chester County
Health Department (CCHD) to administer the provisions of this Part,
the provisions of the Act, and the regulations in 25 Pa.Code, Chapters
71, 72, and 73.
The Board of Supervisors of Honey Brook Township, Chester
County, Pennsylvania.
A holding tank serving an improved property for not more
than 24 months while awaiting public sewer or to allow temporary occupancy
until such time as a DEP approved on-lot system is installed.
[Ord. 122-2006, 12/15/2006]
The Supervisors hereby authorize and empower the Sewage Enforcement
Officer to issue permits within the Township under the provisions
of this Part with respect to the use of holding tanks or privies for
the collection, transportation, and disposal of sewage and the operation,
pumping, cleaning, and removal by the owner and/or operator thereof.
[Ord. 122-2006, 12/15/2006]
1.
The Supervisors hereby adopt the following rules and regulations
concerning holding tanks or privies with respect to reasonable security,
operation, maintenance, pumping, cleaning and removal of holding tanks
or privies which it deems necessary to effect the purposes herein.
A.
Temporary Holding Tanks. Prior to issuance of a permit, the owner
shall execute an agreement for a temporary wastewater holding tank
with the Township. Such agreement shall be on forms provided by the
Township and shall specify:
(1)
The term length of the agreement, not to exceed 24 months.
(2)
The amount of financial security required to complete the installation
of a permanent on-lot sewage system or to provide hook-up to an existing
or proposed public system.
(3)
The amount of financial security required for all anticipated
pumping events for six months for agreements of six months or more
in duration, or in an amount equal to the term of the agreement for
agreements of less than six months in duration. The Board of Supervisors
may approve the reduction of the required financial security, on a
case-by-case basis only, for hardships borne on the owner as a result
of replacement of an existing malfunctioning sewage system.
(4)
A schedule for the anticipated installation of permanent public
sewerage facilities approved by the PADEP, or, a schedule for the
anticipated installation by the Sewage Enforcement Officer. Said schedule
shall be considered binding on the owner.
(5)
The requirement for a functional alarm system.
(6)
A grant to the Township to access the property for purpose of
inspection, maintenance, operation, and pumping of the temporary system
in the event the owner does not comply with permit requirements.
(7)
A grant of access on the property to the Township for removal
of the temporary holding tank and installation of the permanent sewage
system upon termination of the agreement.
(8)
An acknowledgment that any use and occupancy permit is temporary
until such time the permanent sewage system is installed and approved
by appropriate authority.
(9)
A contract with the licensed hauler shall accompany the agreement
and be incorporated by reference.
B.
Permanent Holding Tanks. Permanent holding tanks shall be permitted
only when specifically authorized the Board of Supervisors and the
Sewage Enforcement Officer. Prior to issuance of a permit the owner
shall execute and agreement for a permanent wastewater holding tank
with the Township. Such agreement shall be on forms provided by the
Township and shall specify:
(1)
The amount of financial security required for all anticipated
pumping events for six months.
(2)
The requirement for a functional alarm system.
(3)
A grant of access on the property to the Township for the purpose
of inspection, maintenance, operation, and pumping of the temporary
system in the event the owner does not comply with permit requirements.
(4)
An acknowledgment that any use and occupancy permit shall be
revoked immediately upon violation of permit conditions.
(5)
A contract with the licensed hauler shall accompany the agreement
and be incorporated by reference.
C.
Financial Security. Financial security shall be in the form of cash,
letter of credit, bond, or restricted access account in favor of the
Township. Cash deposits shall not pay interest.
[Ord. 122-2006, 12/15/2006]
All administrative rules and regulations shall be in conformity
with the provisions herein, all other ordinances of the Township and
all applicable rules and regulations of administrative agencies of
the County of Chester and the Commonwealth of Pennsylvania.
[Ord. 122-2006, 12/15/2006]
The Township shall have the right and power to fix, alter, charge
and collect rates, assessments, and other charges established, served
by its facilities at reasonable and uniform rates as authorized by
applicable law. The property owner shall be responsible for payment
of a yearly inspection fee intended to reimburse the Township for
the cost of the annual inspection of existing or new privies and permanent
holding tanks.
[Ord. 122-2006, 12/15/2006]
The collection and transportation of all sewage from any improved
property shall be done solely under the licensing provisions established
by the Chest County Health Department. The Township shall receive
and review pumping receipts from existing privies and holding tanks
on a semi-annual basis. The Township may conduct annual inspections
for each permanent holding tank or privy.
[Ord. 122-2006, 12/15/2006]
1.
The owner of any property that utilizes a holding tank or privy shall:
A.
Maintain the holding tank or privy in conformance with this or any
other Ordinance of this Township, the provisions of any applicable
law and the rules and regulations of the Commonwealth of Pennsylvania
and/or the County of Chester.
B.
Permit only a duly licensed person or its agent to collect, transport
and dispose of the contents therein in accordance with the licensing
requirements established by the Chester County Health Department.
C.
For permanent holding tanks, the owner shall install and maintain
a water meter to measure the amount of water consumed on the property.
If a water meter has not been provided by the public utility, or otherwise,
the meter shall be installed at the expense of the owner of the property.
D.
Permit only the Township or its agents to inspect existing permanent
holding tanks and privies on an annual basis.
[Ord. 122-2006, 12/15/2006]
1.
Any person, firm or corporation violating any of the provisions of
this Part, or who fails to act in compliance with 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
officer, agent or employee of the Township, any local agency or the
Department of Environmental Protection in the performance of his duties,
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, shall
be sentenced to a fine of not less than $500 nor more than $5,000
plus costs, or to imprisonment not to exceed 90 days, or both.
2.
Where the violation continues from day to day, and the landowner,
after written notice, fails to correct or cease such violation, each
day's continuance shall constitute a separate violation.
[Ord. 122-2006, 12/15/2006]
In addition to any other remedies provided in this Part, any
violation of this Part shall constitute a nuisance and shall be abatable
by the Supervisors by appropriate equitable or legal relief by a court
of competent jurisdiction.
