[Ord. 615, 9/12/2006, § 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 this Township.
[Ord. 615, 9/12/2006, § 2]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Part shall be as follows:
- The Allegheny County Health Department.
- Collier Township Municipal Authority, Allegheny County, Pennsylvania.
- The Pennsylvania Department of Environmental Protection.
- HOLDING TANK
- 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.
- 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 beings or animals and from which structure sewage shall or may be discharged.
- Collier Township, Allegheny County, Pennsylvania.
- Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
- Any individual, partnership, company, association, corporation, 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.
[Ord. 615, 9/12/2006, § 3]
The Authority 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. 615, 9/12/2006, § 4]
The Authority is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purposes herein.
[Ord. 615, 9/12/2006, § 5]
All such rules and regulations adopted by the Authority shall be in conformity with the provisions herein, all other ordinances of the Township, and all applicable laws, and applicable rules and regulations of administrative agencies of the Pennsylvania Department of Environmental Protection (DEP) and/or the Allegheny County Health Department (ACHD).
The property owner shall, at all times, comply with the 25 Pa.Code, Chapter 71, "Administration of Sewage Facilities Planning Programs, Holding Tanks," § 71.63, "Retaining Tanks," as may be amended from time to time.
The property owner shall, at all times, comply with Allegheny County Health Department regulations relating to on-lot sewage disposal programs and the 25 Pa.Code, Chapter 73, "Standards for Sewage Disposal Facilities."
Holding tanks must be approved, in writing, by the Pennsylvania Department of Environmental Protection (DEP) and by the Allegheny County Health Department (ACHD).
[Ord. 615, 9/12/2006, § 6]
The Authority shall have the right and power to fix, alter, charge, and collect rates, assessments, and other charges in the area served by its facilities at reasonable and uniform rates as authorized by applicable law.
[Ord. 615, 9/12/2006, § 7]
The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely by or under the direction and control of the Authority, and the disposal thereof shall be made only at such site or sites as may be approved by the Pennsylvania Department of Environmental Protection of the Commonwealth of Pennsylvania.
The Authority will receive, review and retain pumping receipts from permitted holding tanks.
The Authority will complete and retain annual inspection reports for each permitted tank.
[Ord. 615, 9/12/2006, § 8]
The owner of an improved property that utilizes a holding tank shall:
Maintain the holding tank in conformance with this or future ordinance of Collier Township, the provisions of any applicable law, and the rules and regulations of the Authority and DEP and/or ACHD as maybe adopted from time to time.
Execute an agreement with the Collier Township Municipal Authority relating to the installation of holding tanks after all prior approval has been obtained. The agreement with the Collier Township Municipal Authority shall be in a form to be recorded in the Recorder of Deeds Office, and shall run with the land, such agreement to be substantially in the form attached hereto as Appendix A, as may be amended from time to time by the Authority. Any subsequent owner of the property shall assume the responsibilities under the agreement as long as the holding tank or tanks are installed in the ground.
Editor's Note: Appendix A is on file in the Township offices.
Provide the Township of Collier and the Collier Township Municipal Authority with a certificate of insurance, in the amount of $100,000, that will defend, indemnify, and hold the Township of Collier and the Collier Township Municipal Authority free from any liability related to the improper operation of the holding tank by the owner or the discharge of sewage from the holding tank while installed on the property of the owner. If the property owner cannot obtain insurance, the property owner shall post, with the Collier Township Municipal Authority, an irrevocable bond or letter of credit in the amount of $100,000, acceptable in form and content to the Township Solicitor and Authority Solicitor, to defend, indemnify and hold the Township of Collier and the Collier Township Municipal Authority from any and all losses related to the improper operation of the holding tank by the owner or the discharge of sewage from the holding tank while installed on the property of the owner.
File, in writing, with the Collier Township Municipal Authority on a monthly basis copies of receipts, showing the pumping from the holding tanks. The property owner shall maintain the originals of the receipts and transmittal letters until the holding tanks have been removed from the property.
Pay to the Collier Township Municipal Authority the sum of $125 for the annual inspection of the holding tank, which will be performed by the Municipal Authority's engineer or its designee. A copy of the annual inspection report will be supplied to the property owner.
Provide written notice of any malfunction and/or overflow to the Municipal Authority within 24 hours of the date of the malfunction and/or overflow and provide the Municipal Authority with written verification of the correction of the malfunction and/or overflow.
Reimburse the Township of Collier and/or the Municipal Authority of any and all costs, including inspection costs, engineering costs, and attorneys fees incurred by the Municipal Authority in taking any action to require the property owner to seek mitigation of the nuisance or appropriate equitable or legal relief from an agency of the Commonwealth of Pennsylvania or the court of competent jurisdiction.
Indemnify, defend and hold the Township of Collier and the Collier Township Municipal Authority harmless from any and all costs associated with an injunction, fine or other assessment from the Allegheny County Health Department or the Pennsylvania Department of Environmental Protection (DEP).
[Ord. 615, 9/12/2006, § 9; as amended by Ord. 652, 4/13/2011]
Any person, firm, or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not less than $500 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 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 615, 9/12/2006, § 10]
In addition to any other remedies provided in this Part, any violation of § 18-208 above shall constitute a nuisance and shall be abated by the Township of Collier or the Collier Township Municipal Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.