[Adopted 8-19-2015 by Ord. No. 2-2015]
This article shall be known as the "Springfield Township Holding
Tank Ordinance."
A.Â
The purpose of this article is to establish procedures for the use
and maintenance of holding tanks designed to receive and retain sewage,
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.
B.Â
It is hereby further stated that the purpose of this article is to
regulate the use and installation of holding tanks in Springfield
Township to improved properties on which there is an issue regarding
nonfeasibility of a sewage disposal system and it has been determined
by the Township Sewage Enforcement Officer that no other alternative
exists to correct the malfunction that would be in accordance with
applicable PA DEP regulations. It is expressly the intent of this
article that all reasonable alternatives that conform to PA DEP regulations
be considered and eliminated prior to the installation of a holding
tank to abate a malfunction.
C.Â
It is also the purpose of this article that no holding tank be installed
or considered as the means of sewage disposal where conventional means
of sewage disposal are available and a conventional system is feasible,
regardless of projected sewage output, for a proposed improved property.
However, in the event that a proposed improved property will most
likely have access to municipal facilities in five or fewer years,
the property owner may install and maintain a holding tank in accordance
with this article and all other applicable regulations.
D.Â
Improved properties as defined herein shall also include temporary
installation for sewage generated by temporary living quarters or
offices accessory to extraction of minerals (including natural gas
and oil) as defined by the Pennsylvania Municipalities Planning Code
(Act 247 as amended[1]) and other construction activities within the Township. This shall be permitted where such use is lawful under Chapter 425, Zoning. Further, for such temporary living quarters or offices, there shall be no requirement that such living quarters or offices will most likely have access to municipal sanitary sewerage facilities. However, such holding tanks shall be removed when mineral extraction activities involving on-site employees are inactive for a period of one year.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E.Â
In addition to holding tanks, other forms of retaining tanks, as
defined herein, may be considered for improved properties where there
is limited wastewater flow, including, but not limited to, improved
properties without electric service or lacking provision of water
under pressure. These shall be permitted by the Township when reviewed
by the sewage enforcement officer and consistent with all applicable
commonwealth laws and regulations.
F.Â
It is hereby stated that nothing in this article shall preclude the
Township or its appointed representatives, from ordering the installation
or use of a holding tank to protect the health, safety and welfare
of the inhabitants of the Township.
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this article shall be as follows:
An area where a publicly or privately owned community sewage
system which uses a method of sewage collection, conveyance, treatment
and disposal other than renovation in a soil absorption area, or retention
in a retaining tank, is available for improved properties to tap in.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic occupancy or use by
human beings or animals, and from which structure sewage or waste
meeting the definition of industrial waste shall or may be discharged.
Liquid, gaseous, radioactive, solid or other substance, which
is not sewage, resulting from manufacturing or industry or other plant
or works and mine drainage, silt, coal mine solids, rock debris, dirt
and clay from coal mines, coal collieries, breakers or other coal-processing
operations. The term includes substances whether or not generally
characterized as waste.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
The Pennsylvania Department of Environmental Protection or
applicable governing body.
Any individual, partnership, company, association, corporation
or other group or entity.
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 includes, but is not limited
to, the following when used for improved properties subject to this
article.
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
HOLDING TANKA watertight receptacle 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.
INCINERATING TOILETA device capable of reducing waste materials to ashes.
PRIVYA tank designed to receive sewage where water under pressure is not available.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
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, to animal or aquatic life or to the use of water
for domestic water supply or for recreation.
A person or agency appointed by the Township to perform inspections
and issue permits for individual sewage systems and community sewerage
systems.
The Township of Springfield, Mercer County, Pennsylvania.
A.Â
The Township, through its Sewage Enforcement Officer, is hereby authorized
and empowered to undertake within the Township the control and methods
of holding tank sewage disposal and the collection and transportation
thereof.
B.Â
The Township is hereby authorized and empowered to adopt such rules
and regulations by resolution concerning sewage which it may deem
necessary from time to time to affect the purposes of this article.
C.Â
Conformity with applicable law. 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.
The Township shall have the right and power to fix, alter, charge
and collect rates, assessments and other charges by resolution within
such municipality at reasonable and uniform rates as authorized by
applicable law. The property owner shall be responsible for payment
of a yearly inspection fee intended to reimburse the Township for
the cost of the annual inspection.
A.Â
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall be approved by, done solely
by or done 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 Protection of the Commonwealth
of Pennsylvania.
B.Â
The Township will receive, review and retain pumping receipts from
permitted holding tanks on a quarterly basis.
C.Â
The Township will complete and retain annual inspection reports for
each permitted tank.
The owner of an improved property that utilizes a holding tank
shall:
A.Â
Maintain the holding tank in conformance with this article 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.Â
Permit only the Township, or a person approved by the Township, to
collect, transport and dispose of the contents therein.
C.Â
Permit the Township or its agents to inspect holding tanks on an
annual basis.
D.Â
Provide the Township receipts of all pumping and other maintenance
activities on a quarterly basis.
E.Â
Enter into a holding tank maintenance agreement with the Township
and deposit to the Township the sum agreed to by Township resolution
for every 1,000 gallons of holding tank capacity. This sum will be
held by the Township in a separate account for the purposes of reimbursement
to the Township of any costs incurred by it for the pumping and disposal
of the holding tank and its contents, the repair or correction of
a malfunction of the holding tank system, or the alleviation of any
health hazards caused by the utilization of the holding tank on the
property for which the funds have been escrowed. The Township may
draw on these funds whenever deemed necessary based upon its judgment
in the aforementioned situations without the owner's consent. It will
be the immediate responsibility of the owner to replenish the account
after any draw down has occurred.
F.Â
Upon availability of a community sewage treatment system, cease and
desist use of a holding tank within 90 days of such availability,
pay all tap and connection fees, and connect to the community sewage
system.
A.Â
Any lawfully issued permit for the use of a holding tank on a property
within Springfield Township may be transferred to a new property owner,
provided that the new property owner enters into the required maintenance
agreement with the Township and deposits the required escrow sum with
the Township. Upon presentation of adequate proof of transfer of ownership,
and the deposit of escrow funds by the purchaser, the unused portion
of the sum escrowed by the former owner shall be returned to him/her.
B.Â
Any transfer of permit must be completed in accordance with current
PA DEP regulations or the regulations of the applicable governing
body.
C.Â
Any sales agreement for a property serviced by a holding tank in
Springfield Township shall contain language advising the perspective
buyer that the means of sewage disposal for the property is a holding
tank, the average quarterly costs of maintaining the holding tank
as experienced by the seller, the requirement that the buyer enter
into a maintenance agreement with the Township, and the requirement
that the buyer escrow funds with the Township as well as the amount.
A copy of the sales agreement, bearing the signatures of the seller
and buyer, shall be furnished to the Township upon signing by the
last party.
D.Â
Failure of the seller or buyer of a property to comply with any of
the requirements of this section shall be deemed a violation of this
article and shall be subject to any penalties stipulated herein.
The Township Sewage Enforcement Officer, or any other authorized
individual or entity, shall have authority to bring any enforcement
action under this article. Any person who violates any provisions
of this article shall, upon conviction thereof by summary proceedings,
be sentenced to pay a fine of not less than $100 and not more than
$1,000, plus costs of prosecution and, in default of said fine and
costs, shall undergo imprisonment in the county prison for a period
not in excess of 30 days. Violations shall be construed to be a daily
violation, and the penalties imposed herein shall be assessed on a
daily basis.
In addition to any other remedies provided in this article, any violations of § 317-41 above shall constitute a nuisance and may be abated by the municipality by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
Any person aggrieved by the action of the Township Sewage Enforcement
Officer in regards to the enforcement of this article may file an
appeal with the Township Board of Supervisors within 30 days of the
date of the occurrence of said action. Any such appeal shall be in
writing and shall be accompanied by the applicable fee as adopted
by resolution of the Board of Supervisors for the current year.
