[Ord. 2007-06, 5/14/2007, § 1]
This Part shall be known as the "Penn Township Holding Tank Ordinance."
[Ord. 2007-06, 5/14/2007, § 2; as amended by Ord. No. 2019-02, 6/10/2019]
1.
The purpose of this Part is to establish procedures for the use and maintenance of existing and new holding tanks designed to receive and retain sewage, whether from residential or commercial 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 the Township of Penn.
2.
Limitations Upon Construction and Use of Holding Tanks. The Board of Supervisors hereby intends that the use and construction of holding tanks within the Township shall be permitted only in special circumstances for existing structures whose on-site system fails, or where public sewage facilities shall be available within one year, and then only upon certification by the Penn Township Sewage Enforcement Officer approving the installation of said holding tank.
[Ord. 2007-06, 5/14/2007, § 3]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Part shall be as follows:
Any person who filed an application with the Township for approval to install a holding tank.
The Board of Supervisors of the Township of Penn, Lancaster County, Pennsylvania, or any person designated by the Board of Supervisors to perform such duties.
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any agency successor thereto.
A tank, whether permanent or temporary, to which sewage is conveyed by a water carrying system.
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.
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
Any individual, partnership, company, association, corporation, trust, 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 animal or aquatic life or to the use of water for domestic water supply or for recreation or any substance which constitutes pollution under the Clean Streams Law, 35 P.S. § 691.1 et seq.
The Sewage Enforcement Officer of the Township.
The Township of Penn, Lancaster County, Pennsylvania. The term Township shall be interpreted to include a contractor or other designee of the Township.
Water service provided to an improved property by means of a system of plumbing or piping with the water being supplied by a public water system, private well, or private spring.
[Ord. 2007-06, 5/14/2007, § 4]
The Board of Supervisors is hereby authorized and empowered to undertake within the Township the control and methods of holding tank use, sewage disposal, and sewage collection and transportation thereof.
[Ord. 2007-06, 5/14/2007, § 5]
The Board of Supervisors is hereby authorized and empowered to adopt by resolution such rules and regulations concerning sewage and to enter into such agreements as it may deem necessary from time to time to effect the purposes herein.
[Ord. 2007-06, 5/14/2007, § 6]
All such rules and regulations adopted by the Board of Supervisors shall be in conformity with the provisions herein, all other ordinances of the Township, all other applicable laws, and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania. The Board of Supervisors hereby adopts the regulations of the Department found in Title 25, Chapters 71 and 73, of the Pennsylvania Code governing retaining tanks as the regulations governing the design, installation, and use of holding tanks within the Township.
[Ord. 2007-06, 5/14/2007, § 7]
The Board of Supervisors shall have the right and power to fix, alter, charge and collect rates, assessments, and other charges relating to the use and maintenance of holding tanks at reasonable and uniform rates as authorized by applicable law.
[Ord. 2007-06, 5/14/2007, § 8]
The collection and transportation of all sewage from any holding tank shall be done solely by or under the direction and control of the Board of Supervisors, and the disposal thereof shall be made only at such site or sites as may be approved by the Department.
[Ord. 2007-06, 5/14/2007, § 9]
1.
All applicants who desire to install a holding tank shall meet all of the following requirements:
A.
The record owner of the lot on which the holding tank is to be installed and, if different, the applicant, shall enter into an agreement with the Township, in recordable form, providing for the long-term maintenance of the holding tank which grants the Township the right to enter upon the property; to inspect such holding tank not less than once each year and, in addition, whenever the Township receives a complaint or otherwise has reason to believe that such holding tank is not functioning properly; to maintain the holding tank if the landowner fails to do so; and to recover the cost of any maintenance performed plus a penalty of 25% of such cost from the landowner. The agreement shall specifically authorize the Township to file a municipal claim against the property to recover costs, penalties and fees and shall specifically state that its provisions are binding upon the landowner executing the agreement and upon all successive owners of the property until the holding tank is removed and the improved property is either connected to a public sewer system owned and operated by a governmental entity if water under pressure currently exists on the improved property or connected to an on-lot sewage disposal system if water under pressure is not currently available on the improved property.
B.
The applicant shall post financial security with the Township to secure the future maintenance of the holding tank and payment of costs of annual inspection of such system. The amount of the financial security shall be based upon the estimated cost to maintain the particular holding tank chosen by the applicant. The financial security shall be posted through an irrevocable letter of credit in a form acceptable to the Township Solicitor or in a cash escrow which the Township shall maintain in a non-interest bearing account. The Township shall not release such financial security until one or more of the following conditions occur:
(1)
The owner provides the Township with acceptable alternative financial security.
(2)
If the holding tank serves an improved property which was provided with water under pressure at the time of holding tank installation, the owner removes the holding tank, and the improved property is connected to a public sewer system owned and operated by a governmental entity.
(3)
If the holding tank serves an improved property which did not have water under pressure at the time of holding tank installation, the owner installs water under pressure, removes the holding tank, and connects the improved property to an approved on-lot sewage disposal system.
(4)
If the owner removes a holding tank from land which is not an improved property (i.e., removes a holding tank installed on a temporary basis to serve a public gathering, construction site, etc.).
C.
The applicant shall demonstrate to the Township that the proposed holding tank meets all applicable Department regulations and that the applicant has obtained all necessary approvals and permits.
D.
If water under pressure is not presently available on the improved property, the applicant shall show that site and soil suitability testing of the lot has been conducted by the Sewage Enforcement Officer and that the site meets the requirements of Title 25, Chapter 73, "Standards for On-Lot Sewage Treatment Facilities," of the Pennsylvania Code, for the ultimate sewage disposal by an approved on-lot system if water under pressure or piped waste water becomes available to the improved property. At such time that water under pressure becomes available, the owner shall remove the holding tank and replace the holding tank with an approved on-lot system.
E.
The conditions described in Subsection D above do not apply:
(1)
To a holding tank to be used on an isolated lot which is one acre or larger and is not nor will not be served by water under pressure in the future.
(2)
To temporary use of portable retention tanks where their use is proposed at construction sites or at the site of public gatherings and entertainment.
(3)
To such other temporary or permanent uses of holding tanks as may be authorized by the Department.
F.
Special conditions for holding tanks shall be incorporated in the permit application and permit for the proposed use of a holding tank.
G.
The applicant shall reimburse the Township for all costs incurred in the preparation of the agreement and its recording.
H.
The applicant shall pay all costs associated with the yearly inspection of the holding tank.
[Ord. 2007-06, 5/14/2007, § 10]
1.
The owner of an improved property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the Township and any administrative agency of the Commonwealth of Pennsylvania, including, but not limited to, 25 Pa.Code § 71.63 and § 73.61 et seq.
(1)
Proof of Maintenance. Each time that a holding tank is pumped out or emptied, the private sewage waste hauler who performs the service shall provide to the owner a signed receipt and shall retain a signed receipt containing the following information:
(a)
Date of pumping out.
(b)
Name and address of owner.
(c)
Description and diagram of location of holding tank, including location of any markers and/or access hatches (if known).
(d)
Size of holding tank.
(e)
Age of the holding tank (if known).
(f)
Last date of pump out (if known).
(g)
Any maintenance performed in connection with pumping out of the holding tank.
(h)
Any indication of system malfunction observed.
(i)
Amount of sewage, septage or other solid or semi-solid material removed.
(j)
Cost of service.
(k)
Waste hauler's state license number permitting him to collect and haul septage in this Commonwealth.
The owner and the waste hauler shall provide the receipt to authorized officials of the Township. The receipt shall serve as proof of compliance with the maintenance requirements of this Part. Failure to provide a copy of the receipt within 30 days after the holding tank is pumped out or emptied shall constitute a violation of this Part. The Township is designated in accordance with the Department's regulations as the administrative agency to receive, review and retain pumping receipts from permitted holding tanks. |
(2)
Inspections. Annually or where any agreement entered into between the Township and the owner or a predecessor in title of the landowner requires more frequent inspections of a holding tank, the owner shall permit the Township Sewage Enforcement Officer to enter upon the improved property to conduct the required inspection. The Township Sewage Enforcement Officer shall conduct inspections of all permitted holding tanks at least annually and complete a written inspection report which shall be submitted to and be retained by the Township. The owner shall pay all fees associated with all required inspections.
B.
If public sewer service becomes available to the improved property, abandon the holding tank consistent with applicable public health and environmental standards.
C.
Permit the Township to enter upon lands to inspect the holding tank for proper operation, maintenance and contents disposal.
[Ord. 2007-06, 5/14/2007, § 11]
The owner of a lot upon which a holding tank is installed, any person who occupies a lot upon which a holding tank is installed, any person who owns a holding tank, and any waste hauler pumping out or otherwise maintaining a holding tank shall report any malfunctioning of a holding tank to the Township. Such report shall be made as soon as possible but in no case later than three days after discovery of the malfunction.
[Ord. 2007-06, 5/14/2007, § 12; as amended by Ord. 2012-02, 2/13/2012]
1.
It shall be a violation of this Part to commit or permit any other person to commit any of the following acts:
A.
To install, repair, modify or alter a holding tank prior to obtaining a permit or in a manner which violates the terms and conditions of any permit.
B.
To misuse or to fail to maintain a holding tank or to fail to provide reports of maintenance as required by this Part.
C.
To fail to have the holding tank inspected as required by this Part or to fail to permit the Township Sewage Enforcement Officer to inspect the holding tank.
D.
To fail to report a malfunctioning holding tank.
E.
To fail to remedy a malfunctioning holding tank.
F.
To place false information on or omit relevant information from an application for a permit or from a report of inspection or maintenance of a holding tank.
G.
To occupy or permit the occupancy of any structure served by a holding tank for which a valid permit has not been obtained as required by this Part.
H.
To fail to comply with any other provision of this Part.
I.
To fail to comply with any duly adopted regulation of the Township.
2.
Any person who shall violate a provision of this Part or who shall fail to comply with any of the requirements thereof or who shall permit the violation of this Part or who shall use or occupy or permit the use or occupancy of any building or structure which is served by a holding tank which has not been installed or maintained in accordance with the requirements of this Part, upon being found guilty in an enforcement proceeding commenced by the Township pursuant to the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $200 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 2007-06, 5/14/2007, § 13]
In addition to any other remedies provided in this Part, any violation of this Part shall constitute a nuisance and may be abated by the Township by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.