[Adopted 11-13-2017 by Ord. No. 2017-10]
The purpose of this article is to establish procedures for the
use and maintenance of existing and new retaining tanks designed to
receive and retain sewage, whether from residential or commercial
uses. 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.
As used in this article, the following terms shall have the
meanings indicated:
Board of Commissioners of Marple Township, Delaware County,
Pennsylvania
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. The term includes but is not limited
to the following:
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
PRIVYA tank designed to receive sewage where water under pressure is not available.
INCINERATING TOILETA device capable of reducing waste materials to ashes.
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.
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, or to animal or aquatic life or to the use of
water for domestic water supply or for recreation or any substance
which constitutes pollution under the Clean Stream Law (35 PS §§ 691.1
through 691.1001).
Marple Township, Delaware County, Pennsylvania.
The Township, through its Sewage Enforcement Office, is hereby
authorized and empowered to undertake within the Township the control
and methods of retaining tank use, sewage disposal and sewage collection
and transportation thereof.
A.
The Township is hereby authorized and empowered to adopt by resolution
such rules and regulations concerning sewage which it may deem necessary
from time to time to effect the purposes herein.
B.
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 in the area served
by its facilities at reasonable and uniform rates as authorized by
applicable law.
A.
The collection and transportation of all sewage from any improved
property utilizing a retaining tank shall be done solely by an individual,
firm, or corporation who has experience with retaining tank maintenance
and cleaning 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.
The Township will receive, review and retain pumping receipts from
permitted retaining tanks.
C.
The Township will retain annual inspection reports for each permitted
retaining tank.
The owner of an improved property that utilizes a retaining
tank shall:
A.
Maintain the retaining 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 agency and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Be responsible for providing the Township with a valid maintenance
and pumping agreement between the property owner and an individual,
firm, or corporation who has experience with retaining tank maintenance
and cleaning, a letter of agreement with the proposed disposal site
verifying adequate capacity for disposal exists and the NPDES permit
number for the facility.
C.
Provide an annual written inspection report to the Township within
15 days of the inspection of the retaining tank, to be completed annually
by an individual, firm, or corporation who has experience with retaining
tank maintenance. Such inspection report shall be provided to the
Township each calendar year during which a retaining tank is in use
and shall be submitted to the Township on or before December 31 of
each such year. In the event that such report indicates that the particular
retaining tank requires maintenance or repairs in order to be in working
order and/or to comply with any applicable law(s) or regulation(s),
owner shall undertake and complete all necessary maintenance and repairs
to establish working order and compliance with all applicable laws
and regulation and shall provide the Township with proof of completion
of such maintenance and repairs.
D.
Permit only licensed seepage transporters to collect, transport and
dispose of the contents of any retaining tank.
E.
Be responsible for maintaining the tank and providing for regular
pumping. Pumping receipts for retaining tanks shall be held on file
at the property and a copy shall be transmitted to Marple Township
on an annual basis accompanying the annual inspection report. The
pumping receipt shall include the name and address of the pumper/hauler;
name, address, and NPDES number of the disposal facility; date pumped;
and volume pumped.
F.
Provide the Township with all pumping receipts, inspection reports
and maintenance reports.
G.
Provide the Township with current information about any change in
ownership of the property or persons responsible for use and maintenance
of the retaining tank.
H.
Report leaks, spills, overflows, and malfunctions to the Township
immediately and take immediate corrective action in accordance with
the regulations of the Department of Environmental Protection.
A.
It shall be a violation of this article to commit or to permit any
other person to commit any of the following acts:
(1)
To install, repair, modify, or alter a retaining tank prior to obtaining
a permit or in a manner which violates the terms and conditions of
any permit.
(2)
To misuse or fail to maintain a retaining tank.
(3)
To collect, transport and dispose of the contents of a retaining
tank or to permit any person to collect, transport or dispose of the
contents of a retaining tank in violation of the conditions of a permit,
this article or the regulations of the Department.
(4)
To fail to abandon the retaining tank consistent with applicable
Department standards if public sewer service becomes available.
(5)
To place false information on or omit relevant information from an
application for a permit.
(6)
To fail to comply with any other provision of this article.
B.
Any person who shall violate any provision of this article or who
permits the violation of any provision of this article shall be punishable
by a fine of not more than $1,000, plus costs of prosecution, and,
in default of payment of such fine and costs, by imprisonment for
not more than 30 days.
C.
Each violation for each separate day and each violation of any provision
of this article shall constitute a separate and distinct violation.
D.
Any person who violates or permits the violation of any provision
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by Marple Township, pay the fine
prescribed by this article, plus all court costs, including reasonable
attorney fees, incurred by Marple Township.
E.
Enforcement of this article shall be the responsibility of the Township Manager, or Sewage Enforcement Officer, Building Inspector, Plumbing Inspector or Fire Marshal, as appropriate, who shall follow the enforcement procedure set forth in Chapter 1, General Provisions, Article Violations and penalties.[1]
[1]
Editor's Note: So in ordinance.
