[Ord. 165, 8/20/1996, § 1; as amended by Ord. 192,
4/18/2000]
The purpose of this Part is to establish procedures for the
use and maintenance of holding tanks when East Rockhill Township,
the Bucks County Department of Health or the Pennsylvania Department
of Environmental Protection determines that the use of a holding tank
is necessary to abate a nuisance or public health hazard; or for use
by an institutional, recreational or commercial establishment with
a sewage flow of 400 gallons per day or less; or for temporary installation
when an Act 537 revision provides for replacement of the temporary
holding tank by adequate sewerage services in accordance with a schedule
approved by East Rockhill Township and the Pennsylvania Department
of Environmental Protection. 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 residents of East Rockhill
Township.
[Ord. 165, 8/20/1996, § 2]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this Part shall be as follows:
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include, but are not limited
to, the following:
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
COMPOSTING TOILETA device for holding and processing human and/or organic kitchen waste employing the process of biological degradation through the action of the microorganisms to produce a stable, humuslike material.
INCINERATING TOILETA device capable of reducing waste materials to ashes.
RECYCLING TOILETA device in which the flushing medium is restored to a condition stable for reuse and flushing.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
Any property within the Township upon which there is, or
is to be, 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 natural person, partnership, association or corporation.
Whenever used in any clause prescribing and imposing a penalty, or
imposing a fine or imprisonment, or both, the term "person" shall
include the members of an association and the officers of a corporation.
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.
A holding tank installed pending installation of a replacement
system or public sewer facilities.
Each Rockhill Township, Bucks County, Pennsylvania.
[Ord. 165, 8/20/1996, § 3]
The Township Supervisors and/or their designees are authorized
to adopt such rules and regulations by separate resolution as they
deem necessary to control, regulate and inspect the methods of holding
tank sewage disposal and the collection and transportation of sewage
from such tanks.
[Ord. 165, 8/20/1996, § 4]
The collection and transportation of all sewage from any use
utilizing a holding tank shall be performed under the direction and
control of the Township by a hauler licensed by the Bucks County Department
of Health. The disposal thereof shall be made only at such site or
sites as may be approved by the Bucks County Department of Health.
[Ord. 165, 8/20/1996, § 5]
1.
Before a holding tank may be installed to service any use, the property
owner shall:
A.
Obtain a permit for the holding tank from the Bucks County Department
of Health and/or Pennsylvania Department of Environmental Protection.
B.
File a copy of the Bucks County Department of Health and/or Pennsylvania
Department of Environmental Protection permit and plan with the Township.
C.
File with the Township a copy of a written agreement between the
property owner, hauler and acceptor covering the periodic cleaning
of the tank.
D.
Submit such additional information on size, location or otherwise
as the Township may require in order to complete this review.
E.
Deposit and/or post the sum of money or security, in the form and/or
amount as provided by the rules and regulations promulgated for this
Subpart. These funds are to be held by the Township and used only
in the event the Township is required to perform any services or pay
for any services relative to the holding tank. The Board of Supervisors
shall have the right to claim the entire escrow deposit as reimbursement
for Township expenses.
F.
Pay a fee to the Township for the holding tank permit in accordance
with the appropriate resolution as adopted by the Board of Supervisors
from time to time.
G.
Execute an agreement to hold the Township harmless in the event of
a claim against the Township arising from the operation of the holding
tank.
H.
A permit issued under the terms of this agreement shall become null
and void if the holding tank installation has not been completed to
the satisfaction of the Township within one year of the date of issuance.
[Ord. 165, 8/20/1996, § 6]
1.
The owner of a property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this Subpart or any
ordinance of the Township, the provisions of any applicable law and
the rules and regulations of the Township and any administrative agency
of the Commonwealth of Pennsylvania.
B.
Permit only persons authorized by the Bucks County Department of
Health and/or Pennsylvania Department of Environmental Protection
to collect, transport and dispose of the contents therein.
C.
Be responsible for the periodic cleaning or emptying of the holding
tank as well as the cost thereof.
D.
Be responsible for the periodic testing of sewerage and cost when
deemed necessary by the Township.
[Ord. 165, 8/20/1996, § 7]
Any obligation or duty assumed by the Township under this Part
shall be limited to holding tanks installed and used after the effective
date hereof.
[Ord. 165, 8/20/1996, § 8]
From time to time in the future, as public sewage services become
available to any property utilizing a holding tank, each and every
owner of such property shall be required to make the necessary connection
to the abutting or adjoining sewer lines. The holding tank must be
disconnected and disposed of in accordance with applicable Pennsylvania
Department of Environmental Protection regulations, and connection
to the public sewer system shall be made upon notice by the Township.
[Ord. 165, 8/20/1996, § 9]
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 through equitable or legal relief from the Bucks County
Court of Common Pleas.
[Ord. 165, 8/20/1996, § 10; as amended by Ord.
192, 4/18/2000]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not 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.
[Res. 96-14, 8/20/1996, Art. I]
1.
The proposed disposal site, method of disposal and waste hauler for
holding tank waste shall be approved by the Bucks County Department
of Health and/or Pennsylvania Department of Environmental Protection,
in a manner consistent with the Solid Waste Management Act, prior
to final approval for installation of the holding tank.
2.
Whenever East Rockhill Township issues permits for holding tanks,
the Township may impose other conditions it deems necessary for operation
and maintenance of the tanks in order to prevent a nuisance or public
health hazard.
3.
Holding tanks require regular service and maintenance to prevent
their malfunction and overflow and shall be used in lieu of other
methods of sewage disposal only when the following conditions are
met:
A.
A temporary holding tank may be installed only when an Act 537 revision
provides for replacement of the holding tank by adequate sewerage
services in accordance with a schedule approved by East Rockhill Township
and the Pennsylvania Department of Environmental Protection.
B.
When the Township, Bucks County Department of Health or the Pennsylvania
Department of Environmental Protection determines that the use of
a holding tank is necessary to abate a nuisance or public health hazard.
C.
For use by an institutional, recreational or commercial establishment
with a sewage flow of 400 gallons per day or less.
4.
An agreement shall be executed with East Rockhill Township in a manner
acceptable to the Township guaranteeing future maintenance of the
holding tank, said agreement to include provision for the Township
to receive and review pumping receipts for the holding tank, periodic
inspection, and procedures and penalties for correction of malfunctions
or public health hazards from use of the holding tank.
5.
The applicant shall deposit and/or post a sum of money or security
in the form and amount as determined by the Township. These funds
are to be held by the Township to perform any services or pay for
any services relative to the holding tank.
6.
These regulations do not apply to temporary use of portable retention
tanks or portable chemical toilets when their use is proposed at construction
sites or at the site of public gatherings and entertainment.
[Res. 96-14, 8/20/1996, Art. II]
1.
The holding tank shall be constructed to meet the specifications
of Title 25, Chapter 73, of the Department of Environmental Protection's
Rules and Regulations, relating to standards for septic tanks.
2.
Minimum capacity of a holding tank shall be 1,000 gallons or a volume
equal to the quantity of waste generated within three days, whichever
is larger.
3.
Holding tanks shall be equipped with a warning device to indicate
when the tank is filled to within 75% of its capacity. Such warning
device shall create an audible and visual sign at an exterior location
frequented by the homeowner or responsible individual.
4.
Disposal of the waste from a holding tank shall be at a site approved
by the Bucks County Department of Health and/or Department of Environmental
Protection.
[Res. 96-14, 8/20/1996, Art. 3; as amended by Ord. 192, 4/18/2000]
1.
Upon receipt of approval by the Department of Environmental Protection
and/or Bucks County Department of Health for the installation of a
holding tank, the applicant shall secure a holding tank permit for
tank installation from East Rockhill Township and make payment of
the required permit fee. All applications for permits shall include
the following:
A.
Completed holding tank application.
B.
Application fee in an amount as established, from time to time, by
resolution of the Board of Supervisors.
C.
Project description.
D.
Detailed construction plan.
E.
Written approval from the Bucks County Department of Health.
F.
Holding tank hauling agreement executed by the owner, hauler and
acceptor.
[Res. 96-14, 8/20/1996, Art. 4]
1.
Tank installation shall not commence until receipt of a holding tank
installation permit approved by East Rockhill Township.
2.
The applicant shall give no less than 48 hours' notice to East
Rockhill Township prior to commencement of installation.
3.
All holding tank installations shall conform with the rules and regulations as adopted as part of Part 1A. East Rockhill Township reserves the right to suspend installations at any time by way of verbal and/or written notification should the tank installation at any time be in violation of Part 1A or this Part IB or state, county or local regulations, including but not limited to the East Rockhill Township Building and Plumbing Codes [Chapter 5].
[Res. 96-14, 8/20/1996, Art. 5]
Removal and/or disposal of a holding tank shall be in compliance
with applicable regulations of the Pennsylvania Department of Environmental
Protection and shall require notice to East Rockhill Township no less
than 15 days prior to the start of removal or disposal.
[Res. 96-14, 8/20/1996, Art. 6]
The owner of each holding tank shall agree to maintain and be
responsible for the holding tank, subject to the terms and conditions
stated in the previous sections, until such time as a new agreement
and escrow has been established between the next property owner and
East Rockhill Township.
[Res. 96-14, 8/20/1996, Art. 7]
The Board of Supervisors of East Rockhill Township reserves
the right to amend these regulations, from time to time, as deemed
necessary.
