[Ord. 1-91, 1/7/1991, § 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. 1-91, 1/7/1991, § 2]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
The Pennsylvania Sewage Facilities Act, 35 P.S. §§ 750.1
— 750.20, as from time to time amended.
Richmond Municipal Authority of Tioga County, Pennsylvania,
a Pennsylvania Municipal Authority.
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. For purposes of this Part, holding
tanks do not include privies or any other receptacles which receive
and retain sewage where water under pressure or piped waste water
is not available.
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 be discharged.
The duly appointed Sewage Enforcement Officer of the Township.
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.
The regulations of the Pennsylvania Department of Environmental
Resources, Pa. Code, Title 25, Subpart C, Chapters 71 and 73, as adopted;
and, all future regulations of the Department pertaining to holding
tanks.
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.
Richmond Township, Tioga County, Pennsylvania.
[Ord. 1-91, 1/7/1991, § 3]
The Township 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, or provide
for the direction and control of same. Nothing contained herein shall
prohibit or restrict the Township from delegating or contracting the
collection and disposal of holding tank waste, provided the delegee
or contractee follows all Township ordinances, and all applicable
rules and regulations of the administrative agencies and Commonwealth
of Pennsylvania.
[Ord. 1-91, 1/7/1991, § 4]
1.
The Township 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. The Township shall establish
the following:
A.
Establish and implement a Township program to inspect all holding
tanks and holding tank vaults at least once a year, or more as deemed
appropriate by the Township.
B.
Establish and implement administrative procedures to receive, review
and retain all pumping receipts from permitted holding tanks.
C.
Establish and implement procedures for correction of any holding
tank malfunction.
D.
Maintain written reports of all holding tanks inspected.
[Ord. 1-91, 1/7/1991, § 5]
All such rules and regulations adopted by the Township 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 Commonwealth of Pennsylvania,
including but not limited to the rules and regulations promulgated
pursuant to the Pennsylvania Sewage Facilities Act.
[Ord. 1-91, 1/7/1991, § 6]
The Township 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. 1-91, 1/7/1991, § 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 Township, and the disposal thereof
shall be made only at such site or sites as may be approved by the
Department of Environmental Resources of the Commonwealth of Pennsylvania.
[Ord. 1-91, 1/7/1991, § 8; as amended by Ord. 02-2016, 9/6/2016]
1.
Holding tanks may be installed and utilized, subject to the provisions
of this Part, to serve as either temporary or permanent sewage disposal
from new or existing structures within Richmond Township where:
A.
On-lot sewage disposal facilities are not feasible due to unsuitability
of soils;
B.
An alternative style system proves not feasible due to design or
environmental factors that preclude suitability;
C.
Where an existing structure experiences a malfunction in the presently
installed on-site sewage treatment system which cannot be suitably
repaired or replaced due to unsuitability of soils; or
D.
To temporarily serve for sewage disposal for new construction in
any area of the Township for which a revision of the Township's
Official Sewage Facilities Plan has been approved by the Department.
[Ord. 1-91, 1/7/1991, § 9]
1.
Any landowner seeking to use a holding tank for sewage disposal on
any lot situated in the Township shall, after receipt of Township
and Department official sewage facilities plan approval, obtain a
permit from the Township Sewage Enforcement Officer.
2.
Permit application shall be made upon a form to be supplied by the
Township to any landowner upon such landowner's request.
3.
The landowner shall file the completed and executed application for
permit with the Township which shall then forward the application
to the County Planning Commission for a review and comment period
not to exceed 60 days; and, shall pay to the Township such application
fees as the Township may from time to time prescribe by resolution.
4.
The landowner shall cooperate with the Township's officer at
all stages of the application process.
5.
A permit shall be issued to the landowner upon proper application
after the Township has amended its Official Sewage Facilities Plan
and after approval by the Department.
6.
Prior to grant of permit, the landowner shall obtain and file with
the Township a certified copy of each of the following documents:
A.
A completed application;
B.
Fees as established by resolution of the Township;
C.
An agreement to reimburse and indemnify the Township for any liability,
costs and expenses which shall or may be incurred by the Township
in actions to enforce compliance by the landowner or to remove the
contents of the holding tank or the holding tank upon default or failure
of the landowner to perform or for any fines incurred by the Township
by reason of the landowner's failure to comply with this Part,
any properly enacted amendment hereto or the laws and regulations
of the Commonwealth of Pennsylvania. The agreement shall be in the
form required by the Township.
[Ord. 1-91, 1/7/1991, § 10]
1.
In the event a holding tank permit has been issued for new construction
pending the installation of permanent sewage disposal system, the
landowner shall remove or cause the removal of the holding tank within
20 days after the use of the permanent sewage disposal system is made
available to the landowner; and, shall connect with the permanent
disposal system in the same time.
2.
Township, at its election, shall have the right to enter upon the
premises of a landowner for the purpose of removing or causing the
removal of any holding tank which remains in place in violation of
this Part. All costs and expenses of removal shall be borne by the
landowner.
[Ord. 1-91, 1/7/1991, § 11]
1.
Any holding tank installed or maintained pursuant to a permit issued
under this Part shall comply, in all respects, to the specifications
set forth in Regulations of the Department, 25 Pa. Code, Chapter 73,
inclusive.
2.
The landowner shall cause the holding tank and all lines, pipes or
conduits to the same to be maintained in a good watertight condition
at all times.
3.
All holding tanks shall be installed on a firm and stable soil or
subsoil; and in such manner as to prevent settlement or movement.
4.
No holding tank or lines to the holding tank shall be covered until
the Township's Sewage Enforcement Officer shall have first inspected
and approved the installation and authorized covering the same. The
landowner shall be responsible for furnishing the Officer reasonable
notice of the installation.
5.
The landowner shall cause a holding tank to be cleaned as frequently
as may be required to maintain the contents at a level less than 75%
of the tank capacity.
6.
Holding tanks shall be installed at least 50 feet downgrade from
any source of water supply.
[Ord. 1-91, 1/7/1991, § 12]
1.
Any landowner who applies for and receives a permit for holding tanks
shall be deemed to have granted his consent for inspections of the
holding tank and facilities used in connection with the holding tank
by the Designated Sewage Enforcement Officer of the Township. At reasonable
times during the hours of 8:00 a.m. through 8:00 p.m., the landowner
shall grant the Sewage Enforcement Officer access to the premises
for the purpose of making such inspections upon request or the Sewage
Enforcement Officer verb ally or in writing.
2.
The failure of a landowner to permit inspection of holding tanks
or equipment or facilities used in connection with the holding tanks
or the failure of the landowner to have the holding tanks properly
maintained and pumped out shall be grounds for immediate revocation
of the permit.
[Ord. 1-91, 1/7/1991, § 13]
Any landowner aggrieved by denial of permit application shall
first appeal to the Township. The procedure for appeal shall in all
respects conform to the procedure for appeal from denial of sewage
permit by the designated officer of the Township, as provided by law.
[Ord. 1-91, 1/7/1991, § 14; as amended by Ord.
91-4, 9/3/1991; and by Ord. 3-97, 8/5/1997]
Any person, firm or corporation who shall violate any provision of § 18-208, 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 less than $100 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. 1-91, 1/7/1991, § 15]
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 municipality or the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
