[Adopted 6-1-2011 by Ord.
No. 94]
This article shall be known and may be cited as the "Lancaster
Township Sewage Holding Tank Ordinance."
This article is adopted pursuant to the authority set forth
in the Pennsylvania Sewage Facilities Act, Act 537, 35 PS. § 750.1
et seq., the Clean Streams Law, 35 P.S. § 691.1 et seq.,
and the Second Class Township Code, 53 P.S. § 65101 et seq.
A.
The purpose of this article is to protect the public health by preventing
the discharge of untreated or inadequately treated sewage into the
soil or waters of the commonwealth.
B.
This article is intended to implement the provisions of the Pennsylvania
Sewage Facilities Act ("Act 537"), and the regulations and standards
promulgated by the Pennsylvania Department of Environmental Protection
("PADEP") pursuant to Act 537, and the provisions of the Clean Streams
Law, and the regulations and standards promulgated pursuant to the
Clean Streams Law.
This article shall apply to the installation of holding tanks
and four or more portable toilets on a single site within the corporate
limits of Lancaster Township, Butler County, Pennsylvania.
The following words and phrases shall have the meanings set
forth herein unless the context of the use thereof shall dictate another
interpretation:
The Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1
et seq., as amended.
A temporary watertight receptacle which receives and retains
sewage conveyed by a water-carrying system and is designed and constructed
to facilitate ultimate disposal of the sewage at another site. Sewage
permits for all holding tanks shall expire no later than 18 months
from the date the permit was issued and are not renewable.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the corporate limits of Lancaster
Township, Butler County, Pennsylvania.
The Pennsylvania Department of Environmental Protection or
any successor department or agency of the Commonwealth of Pennsylvania.
Any individual, association, public or private corporation
for profit or not-for-profit, partnership, firm, trust, estate, department,
board, bureau or agency of the United States, commonwealth, political
subdivision, municipality, district, authority or another legal entity
which is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a penalty or a fine or
imprisonment, the term includes the members of an association, partnership
or firm and the officers of any local agency or municipal, public,
or private corporation for profit or not-for-profit.
A portable, nonflushing toilet using chemical treatment in
the retaining tank for odor control.
Any person properly licensed or certified by the Commonwealth
of Pennsylvania who engages in pumping out sewage holding tanks and
transports the sewage cleaned, removed, or extracted from such systems.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and noxious or deleterious substances, including but not limited to
gray water, 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 which constitutes pollution under the
Clean Streams Law, 35 P.S. § 691.1 et seq., as amended.
An official appointed by the Board of Supervisors and certified
by PADEP, who reviews sewage permit applications and sewage facilities
planning modules, issues permits as authorized by Act 537, the regulations
and standards promulgated under Act 537 and this article, and conducts
investigations and inspections that are necessary to implement Act
537, the regulations and standards promulgated by the PADEP pursuant
to Act 537, and this article. The term shall include the alternate
sewage enforcement officer.
A revision to, or exception to the revision of, the Township's
Official 537 Plan submitted in connection with the request for approval
of a subdivision or land development in accordance with PADEP regulations.
Lancaster Township, Butler County, Pennsylvania.
A.
A sewage permit issued by the Township is required prior to the construction
or installation of any sewage holding tank.
B.
Holding tanks shall only be permitted:
(1)
At permitted construction sites for servicing temporary on-site office
trailers and one on-site trailer providing temporary living quarters
for supervisory, safety and security personnel by collecting water
from toilets, sinks and showers with a flow of 200 gallons per day
or less; or
(2)
Necessary to abate an immediate sewage-related nuisance or public
health hazard.
C.
A sewage permit issued by the Township is required prior to the installation
of five or more portable toilets at a single construction site, recreational
or sporting activity, or seasonal facility. The installation of five
or more portable toilets at a single site shall be covered by a single
permit.
D.
The installation of four or less portable toilets on a single construction
site, recreational or sporting activity, or seasonal facility is exempt
from sewage permit requirements.
E.
Sewage permits issued for portable toilets or holding tanks shall
expire no later than 18 months from the date the permit was issued
and are not renewable.
F.
To apply for a sewage permit, the owner shall submit a complete sewage
permit application to the Township, on a form provided by the Township.
The Township may require the owner to provide additional information
to assure that the proposed sewage facilities, holding tank, and/or
portable toilets will comply with the requirements of Act 537, the
regulations, and standards promulgated by PADEP pursuant to Act 537,
and the provisions of this article.
G.
The applicant shall fully pay all applicable fees, as set by the
Board of Supervisors by resolution and as amended from time to time,
to the Township at the time the application is submitted to the Township.
H.
The sewage enforcement officer shall issue or deny a sewage permit
within seven days after receiving a complete application. If the sewage
enforcement officer determines that the application is incomplete
or that additional information is required, he shall communicate the
nature of the deficiency or request supplemental information from
the applicant, in writing, within seven days of receipt of the application.
When the required information is received, the sewage enforcement
officer shall act upon the application within 15 days.
I.
The sewage enforcement officer shall be authorized to issue a permit
for a sewage system utilizing a holding tank only upon the finding
that all of the following conditions have been met:
(1)
The applicant has entered into a maintenance, inspection and pumping
agreement with a licensed company, acceptable to the Township, for
the pumping, transportation and disposal of sewage from the tank at
a PADEP-approved disposal site; and
(2)
The applicant has provided the Township with a copy of written verification
from the proposed disposal site that the facility has adequate capacity
for disposal of the applicant's sewage; and
(3)
The applicant has entered into a maintenance agreement with the Township,
establishing the applicant's responsibilities regarding operation,
maintenance, repair and removal of the holding tank and authorizing
the Township to conduct random/periodic inspections of the site, sewage
facilities and holding tank; and
(4)
The applicant has promptly paid all fees, costs and expenses related
to the issuance of the sewage permit and posted financial security
with the Township for the estimated costs associated with inspection,
maintenance, repair and removal, and pumping, transportation and disposal
of sewage from the holding tank, and remediation of the property resulting
from any contamination of the site; and
(5)
The plans for the installation, operation, maintenance, repair and
removal of the holding tank and the pumping, transportation and disposal
of sewage from the tank meet all PADEP requirements.
J.
Failure of the sewage enforcement officer to finally act on an application
for a sewage permit does not constitute permit approval. If the sewage
enforcement officer does not finally act on a complete initial application
within 15 days of receipt, or within 30 days of receipt of all required
supplemental information, the applicant may request a hearing before
the Board of Supervisors.
K.
Denial of permits. Written notice of denial of a sewage permit shall
be provided by the sewage enforcement officer to the applicant. The
notice shall include the reasons for denial and notice of the applicant's
right to request a hearing before the Board of Supervisors within
30 days of receipt of the denial notice. The sewage enforcement officer
shall provide a copy of the notice of denial to PADEP within seven
days of issuance.
L.
Revocation of permits. The sewage enforcement officer may revoke
a sewage permit at any time for one or more of the following reasons:
(1)
When information relevant to the issuance of the permit has been
falsified; or
(2)
When the original decision of the Township otherwise failed to conform
to Act 537 or the regulations and standards adopted pursuant to Act
537; or
(3)
When the permit holder has violated Act 537, the regulations and
standards adopted pursuant to Act 537, or the requirements of the
permit; or
(4)
The owner has failed or refuses to comply or to continue to comply
with any of the provisions of this article or the maintenance agreement
with the Township.
M.
Written notice of revocation. The sewage enforcement officer shall
provide written notice of revocation of a sewage permit to the permit
holder. The notice shall include the reasons for revocation, provide
notice of the right to request a hearing before the Board of Supervisors
within 10 days of receipt of the revocation notice, and prohibit any
further construction activity and/or use of the holding tank and/or
the structure for which it is intended or portable toilets until a
new permit is issued or the revocation is finally reversed on appeal.
N.
If the permit holder fails to file a written request for a hearing
within 10 days after receipt of the notice of revocation, the revocation
shall be final.
O.
Transfer of applications/permits. A sewage permit application or
sewage permit may be transferred from the applicant or permit holder
to a subsequent owner with the transfer of the property. Such transfers
are not valid until approved, in writing, by the Board of Supervisors
and, in the case of sewage permits, until the subsequent owner receives
a copy of the application under which the permit was issued.
B.
The minimum capacity of a holding tank is 1,000 gallons or a volume
equal to the quantity of waste generated in three days, whichever
is larger.
C.
All holding tanks shall be equipped with a warning device to indicate
when the tank is filled to within 75% of its capacity. The warning
device shall create an audible and visual sign at a location frequented
by the permit holder or responsible individual.
D.
The permit holder shall ensure that holding tanks and all related
piping are properly winterized to protect the effluent and piping
from freezing.
A.
The owner shall, at all times:
(1)
Operate and maintain a sewage system utilizing a holding tank so
that the system will function in the manner in which it was designed;
and
(2)
Prevent the unlawful discharge of sewage; and
(3)
Maintain the area around the holding tank so as to provide convenient
access for cleaning, pumping, inspection, maintenance, repair and
removal of the tank.
B.
Pumping receipts. Each time a sewage holding tank is cleaned and/or
pumped; the permit holder shall provide the sewage enforcement officer,
within five days of completion, a pumping receipt, which shall contain
at a minimum the following information:
(1)
Tax Map identification and parcel number.
(2)
Name and address of the permit holder.
(3)
Address of the tank location, if different from the permit holder's
owner's address.
(4)
Name, business address, and telephone number of the pumper.
(5)
Date of pumping.
(6)
Amount or volume of material removed from the tank.
(7)
Name, address, telephone number, and NPDES permit number of the facility
treating the removed material.
(8)
The name and signature of the pumper's employee performing the
services.
C.
The Township may, at its discretion, place additional operation,
and/or maintenance requirements on any sewage system utilizing a holding
tank permitted by the Township.
A.
Pumping and disposal agreements. The permit holder is required to
enter into a valid maintenance, inspection and pumping agreement with
an individual, firm, or corporation with experience in sewage holding
tank maintenance and cleaning, and a letter of agreement with the
proposed disposal site providing the facility's NPDES permit
number and verifying the facility has adequate capacity for disposal
of the material removed and transported to the facility.
B.
Bonding requirements. The permit holder shall be required to post
a cash bond with the Township in the amount of $1 per gallon of holding
tank capacity, but not less than $1,000.
C.
The cash bond or a portion of the bond shall be forfeited to the
Township on the occurrence of any of the following:
(1)
In the event the holding tank is not maintained according to the
terms of the maintenance, inspection and pumping agreement, the Township
may use the bond to pay for the proper maintenance of the holding
tank and any related costs incurred by the Township.
(2)
In the event the permit holder does not reimburse the Township for the costs associated with municipal inspections and/or tests, as provided for in § 208-33, below, the Township may use the bond to pay for such expenses and any related costs incurred by the Township.
(3)
In the event the holding tank is removed by the Township either by
consent of the permit holder or as a result of court action, the Township
may use the bond to pay for the cost of removal and for any related
costs, including but not limited legal costs, incurred by the Township.
D.
In the event that funds from the cash bond fall below 75% of the
original amount for any reason, the permit holder shall be required
to replenish the cash bond to its original amount, within 30 days
of receipt of notice from the Township.
E.
The existence or use of the bond or a portion thereof shall not relieve
the permit holder of responsibility to fully reimburse the Township
for any and all related fees, costs or expenses in excess of the face
amount of the bond.
A.
The permit holder shall notify the sewage enforcement officer of
the installation or construction schedule for a sewage system utilizing
a holding tank so that appropriate inspections and tests may be scheduled
and performed by the Township.
B.
The permit holder shall notify the sewage enforcement officer when
the installation or construction of a sewage system utilizing a holding
tank is complete and ready for final inspection. No part of the sewage
system may be covered until a final inspection is conducted and final
written approval to cover the system is given by the Township. If
the system has been covered prior to final inspection, the sewage
enforcement officer may order the system to be uncovered at the expense
of the permit holder.
C.
Municipal inspection and test requirements. The permit holder and
owner shall permit the Township and its authorized agents to inspect
and test, at the owner's sole cost, any sewage system utilizing
a holding tank at such times as the Township deems appropriate. At
a minimum, the Township shall conduct semiannual inspections of such
systems. The permit holder shall reimburse the Township for the actual
costs, fees and expenses directly related to the inspections and tests.
D.
Scope of municipal inspections and tests. Municipal inspections and
testing may include but are not limited to a physical tour of the
property, inspection of the sewage facilities and all components of
the sewage system, and sampling surface water, wells, groundwater
and/or the contents of the system itself, and the introduction of
a traceable substances into the interior plumbing of the structure
or building served and/or the system itself to ascertain the path
and ultimate destination of wastewater (i.e., dye test).
E.
Malfunctioning sewage systems. The permit holder and Township shall
notify the sewage enforcement officer of any sewage system utilizing
a holding tank that is suspected or reported to be malfunctioning,
operated improperly or causing a nuisance, water pollution, or public
health hazard. The sewage enforcement officer shall inspect and/or
test such system within two days of receiving such notification.
F.
Inspection reports. The sewage enforcement officer or other authorized
agent(s) of the Township shall make a written inspection report and
provide a copy of the report to the permit holder and Township within
seven days of completion of the inspection. The report shall contain
at a minimum the following information:
G.
The Township shall retain the inspection report for five years.
A.
Upon finding of the Township that any provision of this article has
been violated; or that the terms of any permit or agreement have been
violated; or that the use of the holding tank or portable toilets
are creating a danger to the health, safety and welfare of the inhabitants
of the Township or to the environment; the sewage enforcement officer
shall provide the permit holder with a written notice of violation
and the use of the holding tank or portable toilets shall immediately
cease and the permit holder shall take all steps required to remedy
the violation (which may require but is not limited to removal of
the holding tank). Notice shall be deemed given in accordance with
this subsection by either mailing the notice by regular mail, postage
prepaid, to the permit holder or posting of the notice on the premises.
B.
If the permit holder fails to comply with the notice, the Township
shall have the right to perform such necessary work or contract to
have such necessary work performed to remedy the violation (which
may include, but is not limited to, the removal of the holding tank).
All such costs incurred by the Township, together with an additional
10% thereof, shall be chargeable to and paid by the permit holder
within 30 days of receipt of an invoice from the Township.
A.
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this article.
B.
The Township shall employ qualified individuals to carry out the
provisions of this article. Such employees may include a sewage enforcement
officer, Code Enforcement Officer, secretary, administrator, or other
persons as required. The Township may also contract with other private
qualified persons or firms, as necessary, to carry out the provisions
of this article.
C.
The sewage enforcement officer shall maintain and provide to the
Township, within seven days of completion of such activity, copies
of all sewage permits, records, reports, files, and other written
material relating to the installation, operation, maintenance, alteration,
repair, replacement or removal of temporary holding tanks and portable
toilets in the Township.
D.
The Township's sewage records shall be available for public
inspection, upon request, during normal business hours at the Township
office.
E.
The Township may establish additional administrative procedures necessary
to properly carry out the provisions of this article.
A.
The Board of Supervisors, by properly enacted ordinance or resolution,
may establish and set a schedule of fees, and collect such fees, to
cover the costs to the Township of administering and enforcing this
article. The fee schedule may establish different charges for various
activities consistent with the administrative and personnel costs
necessary to support the permit application and planning module review
process and maintenance, inspection, testing and enforcement programs.
B.
When engineering or consulting services are required by the Township
to administer this article, the review fees charged for such services
shall be reasonable and in accordance with the ordinary and customary
charges by the engineer or consultant for similar service in the community,
and in no event shall the fees exceed the rate or cost charged by
the engineer or consultant to the Township when fees are not reimbursed
by or otherwise imposed on applicants.
(1)
In the event the applicant/permit holder disputes the amount of a
review fee or charge, the applicant/permit holder shall, within 10
working days of the date of billing, notify the Township that the
fees or expenses are disputed as unreasonable or unnecessary, in which
case the Township shall not delay or disapprove an application for
any approval or permit due to the dispute over fees or charges.
(2)
If, within 20 days from the date of billing, the Township and the
applicant/permit holder cannot agree on the amount of fees or charges
which are reasonable and necessary, the applicant/permit holder and
Township shall jointly, by mutual agreement, appoint a qualified registered
professional engineer or geologist licensed in this commonwealth to
review the fees and charges and make a determination as to the amount
which is reasonable and necessary.
(3)
In the event that the Township and applicant/permit holder cannot
agree upon the professional engineer or geologist to be appointed
within 20 days of the billing date, then, upon application of either
party, the president Judge of the Butler County Court of Common Pleas
or, if at the time there is no president Judge, then the senior active
Judge then sitting shall appoint such engineer or geologist. The engineer
or geologist shall be neither the Township's Engineer or geologist
nor any professional engineer or geologist nor consultant who has
been retained by or performed services for the Township or the applicant/permit
holder within the preceding five years.
(4)
The professional engineer or professional geologist so appointed
shall hear such evidence and review such documentation as he, in his
sole discretion, deems necessary and render a decision within 50 days
of the billing date. The applicant/permit holder shall be required
to pay the entire amount determined in the decision immediately.
(5)
The fee of the appointed professional engineer or professional geologist
for determining the reasonable and necessary expenses shall be paid
by the applicant/permit holder if the amount of the payment required
in the decision is equal to or greater than the original bill. If
the amount of payment required in the decision is less than the original
bill by $500 or more, the Township shall pay the fee of the professional
engineer or professional geologist. Otherwise, the Township and the
applicant/permit holder shall each pay 1/2 of the fees of the appointed
professional engineer or professional geologist.
A.
Any person aggrieved by an action of the sewage enforcement officer
in issuing or denying a sewage permit, or issuing a notice of violation
or order, other than a permit revocation, shall have the right, within
30 days after receipt of notice of the action, to submit a written
request for a hearing before the Board of Supervisors.
B.
Any person aggrieved by an action of the sewage enforcement officer
in revoking a permit, shall have the right, within 10 days after receipt
of notice of such action, to submit a written request for a hearing
before the Board of Supervisors, or the revocation action shall become
final.
C.
The hearing application fee, set by the Board of Supervisors by resolution
and as amended from time to time, shall be fully paid to the Township
at the time the written request for a hearing is submitted to the
Township.
D.
Hearing requests shall state concisely all reasons for the appeal.
E.
The Board of Supervisors shall hold a public hearing within 30 days
after receipt of a timely and complete written request for a hearing.
F.
The Township shall notify PADEP of the hearing at least three days
prior to the hearing date. The notification shall include a statement
of the reasons for the appeal.
G.
Hearings under this section shall be conducted pursuant to the Local
Agency Law, 2 Pa.C.S.A. § 551 et seq.
H.
Any party aggrieved by the decision of the Board of Supervisors may,
within 30 days after such decision, file an appeal to the Court of
Common Pleas of Butler County.
I.
The Township shall defend its actions during the course of a subsequent
appeal to the Court of Common Pleas of Butler County or other judicial
or administrative body.
A.
Any person who shall violate any provision of this article or who
is the owner of a property on which a condition exists which constitutes
a nuisance under this article or who resists or interferes with any
employee, officer or agent of the Township in the performance of his
or her duties under this article shall be guilty of a summary offense.
The Township Solicitor may assume charge of the prosecution without
the consent of the District Attorney as required under Pa.R.Crim.P.
No. 83(c) (relating to trial in summary cases). Upon conviction thereof
in an action brought before a Magisterial District Judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, such person shall be sentenced to pay
a fine of not less than $500 and not more than $5,000, plus court
costs and attorney fees, or to imprisonment not to exceed 90 days,
or both. A separate offense shall arise for each day or portion thereof
in which a violation is found to exist or for each section of this
article which is found to have been violated and penalties shall be
cumulative.
B.
A violation of any provision of this article or the discharge of
untreated or partially treated sewage to the surface of the ground
or into the waters of the commonwealth, except as approved by PADEP
or permitted by the Township, shall constitute a nuisance and shall
be abatable in the manner provided by law or equity.
C.
In addition to or in lieu of criminal or civil action, the Township,
through its solicitor, may institute injunctive, mandamus, or any
other appropriate action or proceeding at law or in equity for the
enforcement of this article. Any court of competent jurisdiction shall
have the right to issue restraining orders, temporary or permanent
injunctions, mandamus, or other appropriate forms of remedy or relief.
D.
Nothing contained in this section shall be construed or interpreted
to grant any person or entity other than the Township the right to
commence an action for enforcement pursuant to this article.
The provisions of this article shall be severable, and if any
of its provisions shall be held to be unconstitutional, illegal or
otherwise invalid, that decision shall not affect the validity of
any of the remaining provisions of this article. It is declared to
be the legislative intention that this article would have been enacted
had the unconstitutional, illegal or otherwise invalid provisions
not been included in this article.
