This article shall be known as the "Springfield Township Holding
Tank Ordinance."
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this article shall be as follows:
COMMUNITY SEWER SERVICE AREA
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.
IMPROVED PROPERTY
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.
INDUSTRIAL WASTE
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.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
PA DEP
The Pennsylvania Department of Environmental Protection or
applicable governing body.
PERSON
Any individual, partnership, company, association, corporation
or other group or entity.
RETAINING TANK
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.
A.
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
B.
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.
C.
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.
E.
PRIVYA tank designed to receive sewage where water under pressure is not available.
F.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
SEWAGE
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.
SEWAGE ENFORCEMENT OFFICER
A person or agency appointed by the Township to perform inspections
and issue permits for individual sewage systems and community sewerage
systems.
TOWNSHIP
The Township of Springfield, Mercer County, 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.
The owner of an improved property that utilizes a holding tank
shall:
A. 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. Permit only the Township, or a person approved by the Township, to
collect, transport and dispose of the contents therein.
C. Permit the Township or its agents to inspect holding tanks on an
annual basis.
D. Provide the Township receipts of all pumping and other maintenance
activities on a quarterly basis.
E. 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. 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.
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.