The purpose of this article is to establish procedures for the
use, maintenance and removal of holding tanks designed to receive
and retain sewage whether from residential or commercial uses, and
it is hereby declared that the enactment of this article is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this township.
Unless the context specifically and clearly indicates otherwise,
the meaning of the terms used in this article shall be as follows:
HOLDING TANK
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 ultimate disposal of
the sewage of another site.
IMPROVED PROPERTY
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.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
PERSON
Any individual, partnership, company, association, corporation
or other group or entity.
SEWAGE
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. "Sewage" shall not be
deemed to include any substance containing primarily animal waste
or excrement.
Holding tanks may be used subject to the provisions of this
article to serve as 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 of the Township's
Official Sewage Facilities Plan has been approved by the Department;
or for commercial uses with a sewage flow of less than 800 gpd in
the Commercial (C) Zoning District, provided that the applicant can
show, to the satisfaction of the Board of Supervisors, that no other
or alternate septic disposal system is possible because of the physical
circumstances or conditions of the lot and that such circumstances
or conditions have not been created by the applicant.
The owner of an improved property that utilizes a holding tank
shall:
A. Maintain the holding tank in conformance with this or any Ordinance
of this Township, the provisions of any applicable law, and the rules
and regulations of the Board of Supervisors of Carroll Township, and
the rules and regulations of any administrative agency of the Commonwealth
of Pennsylvania.
B. Permit the Board of Supervisors of Carroll Township or its designated
agent to inspect the holding tank or tanks on an annual basis.
C. Permit only a properly bonded and approved hauling agency to collect,
transport, and dispose of the contents therein to a disposal site
approved by the Department of Environmental Protection of the Commonwealth
of Pennsylvania.
D. Deposit with the Township a bond, issued by a bonding company which
is authorized to do business in Pennsylvania, or such other security
as may be approved by the Township Solicitor, in the amount of $10,000
dollars per holding tank. The purpose of the bond or other security
is to ensure proper installation, maintenance, disposal and removal
of said holding tank(s) and sewage. The bond or ether security shall
be renewed each year and shall contain a provision that the Township
shall be notified in writing, via certified mail, by the bonding company
of the termination of said bond at least 30 days prior to the expiration/termination
date.
E. Keep a record of the dates and times and all other pertinent data
relating to the collection and disposal of the holding tank's
contents.
Any person who violates any provisions of §
108-19 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $25 and not more than $300 and costs. Said penalty may be assessed for each day that violation continues.
In addition to any other remedies provided in this article, any violation of §
108-19 above shall constitute a nuisance and may be abated by the municipality or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
In additional to all other remedies provided by this article, any person who violates §
108-19 of the article shall be subject to all fines, civil penalties, and fees provided in the Pennsylvania Sewage Facilities Act, 35 P.S. §§ 13 and 13a.
All ordinances or resolutions or parts of ordinances or resolutions,
insofar as they are inconsistent herewith, be and the same are hereby
repealed.
In any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections,
or parts of this article. It is hereby declared as the intent of the
Board of Supervisors of the Township that this article would have
been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included therein.