[Ord. 4-2008, 8/13/2008]
The purpose of this Part is to establish procedures for the
use and maintenance of existing and new holding/retaining 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 the municipality.
[Ord. 4-2008, 8/13/2008]
Holding/retaining tanks are designed and constructed to facilitate
ultimate disposal of the sewage at another site. This requires the
control of holding/retaining tanks through specific restrictions on
their use.
[Ord. 4-2008, 8/13/2008]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this Part shall be as follows:
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 sewage at another site.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings and from which structure sewage shall or may
be discharged.
Lower Oxford Township, Chester 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 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.
Lower Oxford Township, Chester County, Pennsylvania.
[Ord. 4-2008, 8/13/2008]
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.
[Ord. 4-2008, 8/13/2008]
The holding/retaining tank system to be designed installed,
operated and maintained by the owner upon the improved property shall
be in accordance with or exceed the minimum requirements of the Pennsylvania
Department of Environmental Protection (PADEP) and any other applicable
government agency or authority whether local, county, Township, state
or federal. The holding/retaining tank system shall be approved by
the Chester County Health Department (CCHD) as to design, construction,
installation and permitting. The owner assumes full responsibility
for the proper design, construction, installation, operation and maintenance
of the holding/retaining tank system. Any modifications to the holding/retaining
tank system shall be presented to the CCHD for review and approval.
The owner will inform the Township and CCHD of any substantial changes
in the condition of the holding/retaining tank system.
[Ord. 4-2008, 8/13/2008]
The holding/retaining tank system shall be operated as an interim
measure for a period of three years from the date of the issuance
of the permit. After the expiration of the three-year period, the
owner will either receive approval from the Township, CCHD, and PADEP
for an addition period of time or will remove the holding/retaining
tank system at the owner's expense and, after restoring the improved
property, shall provide proof of such removal and restoration to the
Township.
[Ord. 4-2008, 8/13/2008]
The Township and CCHD are permitted to inspect the holding/retaining
tank system at their discretion. In the event the inspection by the
Township, or inspections by the CCHD indicate repair and/or replacement
of any component part or all of the holding/retaining tank system
in order to bring the holding/retaining tank system into compliance
with PADEP or other applicable governmental requirements or regulations,
the owner shall complete such repairs and obtain certification from
the CCHD that the repairs have been made in accordance with PADEP
Regulations (or other applicable regulations at issue), within 30
days of the date the report is issued.
[Ord. 4-2008, 8/13/2008]
The owner shall establish an escrow account in an amount satisfactory
to the Township Engineer and in a form satisfactory to the Township
Solicitor. The owner agrees that should any cost be incurred by the
Township for inspections, repairs and/or replacement of the holding/retaining
tank system or its component parts or in the removal of effluent in
accordance with the terms of this Part, the costs shall be recoverable
by the Township from the owner. In the event the owner (or his heirs
or assigns) shall fail to pay the Township for such costs or expenses,
then the Township shall have the rights either to assess the escrow
account or to sue the said owner in assumpsit for reimbursement for
its costs or to cause a lien to be placed on the property in the amount
of said expense.
[Ord. 4-2008, 8/13/2008]
It is expressly understood and agreed that nothing contained
herein shall be construed to waive, affect or alter any requirements
of the zoning, land development and subdivision or other ordinances
of the Township and nothing contained herein empowers any Township
officer or employee to waive any requirements of such ordinances.
It is expressly understood and agreed that installation of the holding/retaining
tank system upon the property does not constitute approval for any
land development of the property.
[Ord. 4-2008, 8/13/2008]
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. 4-2008, 8/13/2008]
1.
The collection and transportation of all sewage from any improved
property utilizing a holding/retaining tank 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.
2.
The Township will receive, review and retain pumping receipts from
permitted holding/retaining tanks.
[Ord. 4-2008, 8/13/2008]
1.
The owner of an improved property that utilizes a holding/retaining
tank shall:
A.
Maintain the holding/retaining tank in conformance with this or any
ordinance of this 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 the Township or its agent or other agency acting for the Township
to inspect holding/retaining tanks on an annual basis or provide a
written inspection report annually to the Township when the Township
so directs.
C.
Permit only certified or approved entities to collect, transport
and dispose of the contents therein.
D.
Provide the Township with receipt of the certified sewage pumper.
E.
Provide a plan for procedures to be used should the tank malfunction.
[Ord. 4-2008, 8/13/2008]
1.
The penalty for violation of this Part shall be $600. If the penalty
imposed by a violation of this Part is not voluntarily paid to the
Township, the Township shall initiate a civil enforcement proceeding
before a district justice. In addition to, or in lieu of civil actions
before a district justice, the Township may use its authority to enforce
this Part in equity. In any case when this Part has been violated
and the penalty has not been paid, when the person upon the penalty
was imposed is found to have been liable in civil proceedings, the
violator shall be liable for the penalty imposed, including additional
daily penalties for continuing violations, plus court costs and reasonable
attorney's fees incurred by the Township in the enforcement proceeding.
2.
A violation of this Part which is found to exist shall constitute
a separate offense for each day in which said violation continues
to exist. The fines, penalties, and other expenses incurred for the
violation of this Part shall be paid to the Township Treasurer.
3.
The Board of Supervisors may delegate the initial determination of
the violation of this Part to a Township agent or employee.
[Ord. 4-2008, 8/13/2008]
In addition to any other remedies provided in this Part, any
violation shall constitute a nuisance and shall be abated by the municipality
by either seeking a mitigation of the nuisance or appropriate equitable
or legal relief from a court of competent jurisdiction.
