[Ord. 94-7, 9/6/1994, § 9.10; as amended by Ord.
8.5.2008, 8/5/2008]
This Part applies to existing as well as new holding tanks.
The purpose of this Part is to provide for and regulate the use, maintenance,
and removal of holding tanks to prevent the residents and inhabitants
of the Township of Hepburn from danger and harm due to inadequate
or malfunctioning on-site septic systems; to permit the development
of lands with the use of holding tanks under carefully controlled
and regulated circumstances; to regulate the use and maintenance of
holding tanks in conformity with the law, statutes, and regulations
of the Commonwealth of Pennsylvania and the Department of Environmental
Protection; and to provide a temporary alternative to discontinuing
otherwise lawful land use by the inhabitants and residents of the
Township of Hepburn.
[Ord. 94-7, 9/6/1994, § 9.11; as amended by Ord.
8.5.2008, 8/5/2008]
The Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1
et seq., as, from time to time, amended.
The Board of Supervisors of the Township.
The Pennsylvania Department of Environmental Protection of
its successor state agency.
A suitable facility for the final disposition of human and
animal sewage and wastes, which facility shall have been and remains
approved for such purposes by the Department.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. The term shall not include chemical toilets
and privies [see 25 Pa. Code, § 71.63(f)(2)].
A municipality, county, municipal authority, or person, natural
or a legal entity, including the holding tank owner, who removes the
contents of a holding tank for the purpose of disposing of the sewage
at another site.
The natural person or persons, partnership, corporation,
or legally existing organization who owns legal and equitable title
to the land for which a holding tank permit is sought or issued.
A parcel of land under single ownership regardless of acreage.
In the event the subject lands are a portion of a larger parcel of
ground, the larger parcel of ground shall be considered as the "lot."
The duly appointed Sewage Enforcement Officer of the Township.
The regulations of the Pennsylvania Department of Environmental
Protection, 25 Pa. Code, 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, excrement
or other discharge from the bodies of human beings or animals, and
noxious or deleterious substances 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 which constitutes pollution
under the Clean Streams Law, 35 P.S. § 691.1 et seq.
The Township of Hepburn, Lycoming County, Pennsylvania.
[Ord. 94-7, 9/6/1994, § 9.12]
Holding tanks may be used subject to the provisions of this
Part to serve as temporary sewage disposal from existing structures,
within the Township of Hepburn, where on-lot sewage disposal facilities
are not feasible due to unsuitability of soils, if permitted by 25
Pa. Code, Chapter 71; for a temporary sewage disposal from existing
structures where a malfunction in the presently installed on-site
sewage treatment system cannot be suitably repaired or replaced due
to unsuitability of soils; or temporarily serve for sewage disposal
for new construction in any area of the Township for which a revision
to the Township's Official Sewage Facilities Plan has been approved
by the Department.
[Ord. 94-7, 9/6/1994, § 9.13]
1.
Any landowner seeking to use a holding tank for sewage disposal on
any lot situated in the Township shall, after receipt of municipal
and Department official sewage facilities plan approval, obtain a
permit from the municipal Sewage Enforcement Officer.
2.
Permit application shall be made upon a form to be supplied by the
Township Secretary to any landowner upon such landowner's request.
3.
The landowner shall file the completed and executed application for
permit with the Township Secretary. The landowner shall pay to the
Secretary such application fees as the Board 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 Board 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 Secretary a certified copy of each of the following documents:
A.
A completed application.
B.
A written contract between the landowner and a qualified and responsible
holding tank cleaner for the term of the holding tank permit which
contract shall provide for the timely and regular removal of the contents
of the holding tank by the holding tank cleaner; and, for the removal
of the said contents to an approved disposal site for final disposition.
C.
A certified copy of a written contract between the holding tank cleaner
and the disposal site providing the holding tank cleaner with the
right to dispose of the holding tank contents.
D.
Fees as established by resolution of the Board.
E.
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 Board.
[Ord. 94-7, 9/6/1994, § 9.14]
1.
In the event a holding tank permit has been issued for new construction
pending the installation of an off-site sewage disposal system, the
landowner shall remove or cause the removal of the holding tank within
20 days after the use of the off-site sewage disposal system is made
available to the landowner. The landowner shall connect with the off-site
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. "Township" as used herein shall mean the Township, its
employees or third parties contracted by the Township for the purpose
of removing the holding tank. All costs and expenses of removal shall
be borne by the landowner.
[Ord. 94-7, 9/6/1994, § 9.15]
1.
Any holding tank installed or maintained pursuant to a permit issued
under this Part shall comply, in all respects, to the specification
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 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. 94-7, 9/6/1994, § 9.16]
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 Sewage Enforcement Officer of the Township. At reasonable times
during the hours of 8:00 a.m. until 8:00 p.m., the landowner would
grant the Sewage Enforcement Officer access to the premises for the
purpose of making such inspections upon request of the Sewage Enforcement
Officer verbally or in writing.
2.
The Township will conduct an annual inspection and maintain an annual
report.
3.
Any landowner receiving a holding tank permit shall furnish to the
Township a true and corrected copy of all pumping receipts for cleaning
or removing the contents of the holding tanks. Such reports shall
be made to the Township's Secretary within 10 days after the
contents of the holding tank are pumped out.
4.
The Township will retain the pumping receipts it obtains.
5.
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; or the failure of the landowner to furnish
pumping receipts to the Township in a timely fashion, shall be grounds
for immediate revocation of permit.
[Ord. 94-7, 9/6/1994, § 9.17]
[Ord. 94-7, 9/6/1994, § 9.18; as amended by Ord.
8.5.2008, 8/5/2008]
Any person, firm, or corporation violating any of the provisions
of this Part, or who fails to act in compliance with this Part, upon
conviction thereof in an action brought before a magisterial district
judge 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,
or such higher amount as may exist from time to time, as the maximum
fine may be allowed pursuant to the Pennsylvania Sewage Facilities
Act, 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.
