[Adopted 7-22-2003 by Ord. No. 7-22-03[1]]
[1]
Editor's Note: This ordinance also repealed former Art.
I, Holding Tanks, adopted 2-27-1990 by Ord. No. 1-1990B, as amended.
A.
The Township is hereby authorized and empowered to adopt such rules
and regulations concerning holding tanks which it may deem necessary
from time to time to effect the purposes of this article.
B.
All such rules and regulations shall be in conformity with the provisions
hereof, all other ordinances of Scott Township, all applicable laws
of the Commonwealth of Pennsylvania, and all applicable rules and
regulations of administrative agencies of the Commonwealth of Pennsylvania.
A.
It shall be unlawful for any individual, firm, association, or corporation
to erect, construct or install any holding tank of any kind within
the limits of Scott Township unless a sewage disposal system permit
for the holding tank is issued by the Township Sewage Enforcement
Officer under the authority of the Pennsylvania Sewage Facilities
Act.[1]
[1]
Editor's Note: See 35 P.S. § 750.1.
B.
It shall be unlawful for any individual, firm, association or corporation
to use, operate or maintain any holding tank of any kind within the
limits of Scott Township unless a holding tank operating permit for
the holding tank is issued by the Township Sewage Enforcement Officer
under the authority of this article.
For purposes of this article, "holding tank" shall be construed
to mean a watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate treatment or
disposal of the sewage at another site.
A.
Permits for holding tanks may only be issued when proper application is made meeting the requirements of the various sections of this article and the specific criteria of Subsection C of this section.
B.
A holding tank permit shall be valid for no more than one year from
the date of issuance. It shall be the responsibility of the permit
holder to make application and receive a valid permit prior to the
expiration of the holding tank permit. Each holding tank permit shall
meet all the provisions of this article.
C.
(1)
The permit application is for use in connection with a commercial
building or commercial activity generating flows of less than 800
gallons per day and meeting the requirements of the Pennsylvania Sewage
Facilities Act and the regulations issued pursuant thereto.
(2)
The permit application is for use in connection with an existing
dwelling or place of business with a malfunctioning on-lot sewage
disposal system which the Sewage Enforcement Officer finds cannot
be properly served by any sewage disposal system meeting the requirements
of the Pennsylvania Sewage Facilities Act and the regulations issued
pursuant thereto.
(3)
For temporary use by new residential structures or land uses, where
the property on which the proposed holding tank will be installed
has a permit issued by the Township for construction of an on-lot
sewage disposal system.
(4)
For temporary use by new residential structures or land uses. The
property where the proposed holding tank will be installed must be
located in an area of the Township for which a "notice to proceed"
has been issued by the Township for construction of a sewage collection
system.
D.
No application shall be approved or permit issued unless the ultimate
disposal site for the contents of the holding tank shall be approved
or permitted by the Department of Environmental Protection to receive
such materials. The Township may reject the individual, firm or corporation
designated as being responsible for the removal of the contents of
the holding tank and/or the individual, firm or corporation designated
as being the ultimate recipient of such contents for any reasonable
cause, including, but not limited to, the following:
(1)
The proposed ultimate disposal site has not been approved or permitted
by the Department of Environmental Protection or its approval or permit
has been suspended or revoked.
(2)
Such individual, firm or corporation has repeatedly failed to remove
the contents on three or more occurrences from a holding tank on a
timely basis after being notified to do so.
(3)
Such individual, firm or corporation has, in the past, been convicted
of depositing sewage or holding tank contents in locations other than
those approved by the Pennsylvania Department of Environmental Protection.
(4)
All applications for a permit under this article shall be made to
the Scott Township Sewage Enforcement Officer on forms provided by
the Township. The application for a permit shall be signed by the
owner or owners of the property on which the holding tank is to be
located.
(5)
The application shall be accompanied by an agreement approved by
the Township and signed by the individual, firm or corporation which
is to be responsible for the removal of the contents of the holding
tank, agreeing that he or it will remove the contents of the holding
tank described in the permit application.
(6)
The application shall be accompanied by an agreement approved by
the Township and signed by the individual, firm or corporation which
is to be the ultimate point of disposition of the contents of the
holding tank, agreeing that he or it will accept the contents of the
holding tank described in the permit application for ultimate disposal.
(7)
The applicant shall submit with the permit application an application
fee in an amount which is, from time to time, established by the Board
of Supervisors by resolution.
(8)
To establish a relationship with a different holding tank pumping contractor than that identified in the then-current permit, the landowner must reapply for a permit by complying with § 112-4B and C of this article. There shall be no filing fee when the sole purpose of reapplication is to change pumping contractors.
A.
As required by the Board of Supervisors, the applicant shall submit
with the permit application financial security in an amount which
is, from time to time, established by the Board of Supervisors by
resolution. Said amount shall be used by the Township to pump, repair
or restore the system or its components to normal working order or
mitigate contamination in the event that:
(1)
The owner fails to have the tank pumped in a timely manner and such
failure results in a discharge of sewage to the surface of the ground
or the waters of the commonwealth.
(2)
The tank or any of its components is discovered, upon inspection,
to be defective, unsafe or unsatisfactory.
(3)
The owner, upon notification by the Township that the tank has exceeded
75% of its capacity, fails to have the tank pumped within 24 hours
of notification.
B.
Financial security may be provided in any manner approved by the
Township. This may include but not be limited to:
C.
In the event that the Township uses all or part of the financial
security, the landowner shall, upon written notice from the Township,
make such arrangements to restore the financial security to full value
and, if necessary, repay any amount expended by the Township in excess
of the financial security amount.
D.
Failure to restore the financial security to full value within 15
days of receipt of written notice of the deficiency will result in
revocation of the holding tank permit.
E.
The applicant shall make a written request to the SEO for decommissioning
of the holding tank. The SEO shall, within 20 days of receipt of this
request, inspect the holding tank to ensure that it was decommissioned
in a manner approved by the Department and that there is no contamination
as a result of the holding tank malfunctioning.
F.
The holding tank permittee shall be released of any financial security
obligations, and any sums remaining in the escrow shall be returned
to the applicant upon the approved decommissioning of the holding
tank.
G.
No interest shall be paid on escrow funds. All interest that may
be earned shall be applied to offset the administrative costs of this
article and its related activities.
A.
All holding tank systems shall have a minimum total liquid capacity
as required by and meet all requirements of Pennsylvania Code, Title
25, Chapter 73 regarding construction and must be installed in a manner
which ensures that they will not float when empty.
B.
Every holding tank shall be equipped with an audible alarm system
which will give warning when the tank is filled to seventy-five-percent
capacity.
C.
Every holding tank shall be equipped with a visible alarm system
which will give warning when the tank is filled to seventy-five-percent
capacity.
D.
It shall be a violation of this article to shut off, tamper with
or render an audible or visible alarm inoperative.
E.
In the event the Sewage Enforcement Officer finds that either alarm
system on any holding tank has been tampered with or rendered inoperative,
within three days of the notice of discovery the SEO shall notify
the landowner, in writing, of the need to restore the system to proper
working condition.
F.
If the repairs are not completed within three days of receipt of
said notice, the Sewage Enforcement Officer shall use the escrow funds
to cause the system to be restored.
The holder of a permit issued pursuant to this article shall:
A.
Notify the designated individual, firm or corporation responsible
for the removal of holding tank contents at such time that the tank
is filled to within 75% of capacity.
B.
Permit only the individual, firm or corporation designated in the
application to remove holding tank contents.
C.
Cause the individual, firm or corporation designated in the application
to remove holding tank contents to provide a receipt to the permit
holder of each pumping activity.
D.
Retain all pumping receipts.
E.
Within seven calendar days, forward to the SEO an exact duplicate
of all receipts for the pumping of the holding tank.
F.
Allow the Township's SEO to conduct inspections of the holding
tank.
A.
Following the issuance of a permit pursuant to this article, the Sewage Enforcement Officer shall, from time to time, inspect the holding tank, but not less frequently than once a year. The Sewage Enforcement Officer shall provide the permit holder a written report of the findings of this inspection. The Township shall retain a copy of this report along with the records of pumping activity required by § 112-7E.
B.
In the event the Sewage Enforcement Officer finds the holding tank
to be filled in excess of 75% of capacity, the permittee shall within
24 hours of notification have the individual, firm or corporation
designated in the application remove the holding tank contents. The
permittee, 10 days after being billed for a reinspection, shall pay
to the Township an inspection fee in an amount periodically set by
the Board of Supervisors by resolution.
C.
In the event the Sewage Enforcement Officer finds that the holding
tank is filled to more than 85% of capacity, he shall promptly make
arrangements to have the holding tank pumped, and the cost of such
removal shall be paid from the fund held in escrow.
D.
In the event the permit holder fails to pay the above referred to
inspection fee within the ten-day period, the Sewage Enforcement Officer
may, in addition, revoke the permit issued pursuant to this article,
and all amounts remaining in the escrow fund after payment of the
inspection fee and payment of the cost of removal of the contents
of the holding tank shall be forfeited to the Township.
E.
In the event that the permit issued pursuant to this article is revoked,
the holding tank shall be removed within 20 days from the date of
the revocation notice of the permit.
A.
Permits issued under this article are not transferable.
B.
All holding tanks in Scott Township, whether or not they were installed
pursuant to a permit from the Sewage Enforcement Officer, are subject
to the operating permit provisions of this article.
C.
Within 30 days of the enactment of this article, the owner of every
property served by a holding tank which is not currently permitted
shall apply for a holding tank operating permit as required by this
article. Any property served by a currently permitted holding tank
shall apply for a holding tank permit as required by this article
upon expiration of its current permit.
A.
It shall be the responsibility of the owner of real property served
by a holding tank which was installed, permitted or operated pursuant
to this article to disclose that fact to all prospective buyers.
B.
When the ownership of a property served by a holding tank is transferred,
the subsequent (new) owner shall obtain a permit under this article
prior to the transfer of title.
(1)
Until such time as a permit is issued in the name of the new owner,
the previous owner shall be responsible and liable for the operation
and maintenance of the holding tank on the property in question.
(2)
When the new owner makes the necessary application and financial
security arrangements and after transfer of title, any positive escrow
account balance shall be refunded to the previous owner and/or any
financial obligation to the holding tank shall be removed.
(3)
Until any negative financial security balance is paid, no new permit
shall be issued and the previous owner shall be responsible and liable
for the operation and maintenance of the holding tank.
(4)
Prior to issuing a permit under this article to a new owner, the
Sewage Enforcement Officer shall inspect the holding tank in the usual
and customary manner, and any deficiencies found shall be corrected
before the structure can be occupied or a new permit issued.
A.
In the event that the holder of a permit issued pursuant to this
article shall violate or be in violation of the provisions of this
article, the SEO shall revoke from the permit holder the permit issued
under this article in addition to any other remedies included herein.
B.
The permit holder may appeal this decision to the Scott Township
Board of Supervisors. During the pendency of the appeal, the permit
holder shall not be permitted to use in any fashion the holding tank.
C.
Notice of the revocation shall be made in writing stating the reason
for the revocation and mailed first class mail, United States Postal
Service to the permit holder. The notice shall state that the permit
holder shall have five days from the date of the notice to correct
the violation or, in writing, request an appeal before the Scott Township
Board of Supervisors. If the permit holder fails to take the above-mentioned
actions, the revocation shall become effective immediately after the
expiration of the five-day period.
D.
Any individual, firm, association or corporation violating any of
the provisions of this article shall, upon conviction thereof, be
subject to a penalty in the amount of not less than $1,000 for each
and every offense. Each and every day that a violation of any of the
provisions of this article occurs and each and every day that a holding
tank remains erected, constructed or installed without a permit having
been issued pursuant to this article or after a permit has been revoked
shall be considered a separate and distinct offense and shall be subject
to separate and distinct penalties hereunder.
F.
No individual, firm, association or corporation which owns property
which is in violation of any of the provisions of this article shall
be issued a permit to erect, construct, install or maintain a holding
tank on a different property until the current violation has been
cured.
