[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:
ANTICIPATED PUMPING EVENTS
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.
COMMERCIAL ENTERPRISE
A sewage generating activity not strictly for residential or residential accessory use.
IMPROVED PROPERTY
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.
MUNICIPALITY
Honey Brook Township, Chester County, Pennsylvania.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, as well as any property located in the Township.
PERMANENT HOLDING TANK
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.
PERSON
Any individual, partnership, company, association, corporation or other group or entity, but shall not include Honey Brook Township.
RETAINING TANK
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:
(1) 
CHEMICAL TOILETA permanent or portable non-flushing toilet using chemical treatment in the retaining tank for odor control.
(2) 
HOLDING TANKA tank, whether permanent or temporary, where sewage is conveyed by a water carrying system.
(3) 
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.
(4) 
INCINERATING TOILETA device capable of reducing waste materials to ashes.
(5) 
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.
(6) 
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
SEWAGE
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.
SEWAGE ENFORCEMENT OFFICER
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.
SUPERVISORS
The Board of Supervisors of Honey Brook Township, Chester County, Pennsylvania.
TEMPORARY HOLDING TANK
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.