[Ord. 1995-2, 7/6/1995, § 1]
This Part shall be known as the Vernon Township Holding Tank
Ordinance.
[Ord. 1995-2, 7/6/1995, § 2; as amended by Ord.
1997-2, 3/6/1997]
1. Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this Part shall be as follows:
COMMERCIAL USE
Any building, structure or facility used solely for commercial,
manufacturing, professional service or similar business use and shall
include no facility used for residential purposes.
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 the ultimate disposal
of the sewage at another site.
INSTITUTIONAL USE
Buildings, structures or facilities such as municipal buildings,
fire halls, libraries, museums, grange halls, churches or other similar
kinds of public uses, but shall not include uses such as schools or
hospitals.
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.
RECREATIONAL USE
Any recreational facility such as a Department of Environmental
Protection permitted campground and outdoor public or private recreational
areas such as a playground, baseball field or picnic areas. It shall
not include hunting or fishing camps or seasonal cottages.
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 or to animal or aquatic life or to the use of
water for domestic water supply or for recreation.
2. All other definitions set forth in the Pennsylvania Sewage Facilities
Act and the regulations of the Department of Environmental Protection
and their amendments are incorporated by reference.
[Ord. 1995-2, 7/6/1995, § 3]
1. Use of holding tanks for sewage disposal purposes shall be allowed
within the Township for the following uses under and subject to the
requirements and regulations set forth in this Part:
A. Institutional, recreational or commercial use where the sewage flow
does not exceed 400 gallons per day.
B. As necessary to abate a public nuisance or public health hazard.
[Ord. 1995-2, 7/6/1995, § 4]
No holding tank may be used within the Township to receive and
retain sewage without a permit issued by the Township.
[Ord. 1995-2, 7/6/1995, § 5; as amended by Ord.
1997-2, 3/6/1997]
1. An application for a holding tank permit shall be submitted to the
Township Sewage Enforcement Officer and shall include the following
information:
A. Name, address and phone number of applicant who should be person
responsible for use and maintenance of holding tank.
B. Location and description of property on which holding tank to be
used and facilities on property to be served by holding tank (diagram
may be attached).
C. Owner(s) of property if different from applicant.
D. Description of existing and proposed uses of property.
E. Size and description of tank including information necessary to determine
whether it meets DEP standards.
F. Description of disposal arrangements including name and address of
person(s) collection, transporting and disposing of sewage contents,
contracts for disposal services and disposal site(s).
G. Estimate of gallons per day usage and description of means of calculating
estimate.
2. The application shall be submitted on forms prescribed by the Department
of Environmental Protection and the Township. Additional information
shall be provided as may be required by the Township and its Sewage
Enforcement Officer.
3. At time of application, an application fee as established by resolution
of the Board of Supervisors from time to time shall be paid to the
Township.
[Ord. 1995-2, 7/6/1995, § 6; as amended by Ord.
1997-2, 3/6/1997]
1. A holding tank permit shall be issued if the following requirements
are met:
A. The proposed use is one allowed under this Part and other applicable
laws and regulations.
B. It is determined that the average daily sewage flow will not exceed
400 gallons based upon DEP regulations.
C. The applicant has made adequate and proper arrangements for the collection
and disposal of the sewage.
D. The proposed use of the holding tank does not create an undue risk
of pollution or harm to the public health and welfare.
E. The holding tank meets the requirement of the applicable DEP regulations.
2. A permit may be issued subject to conditions as may be necessary
for protection of watercourses, groundwater and water supplies and
environment and for protection of the public health, safety and welfare.
[Ord. 1995-2, 7/6/1995, § 7]
No holding tank shall be maintained or used except in conformity
with the regulations set forth in this Part and as may be required
by other applicable laws or regulations.
[Ord. 1995-2, 7/6/1995, § 8; as amended by Ord.
1997-2, 3/6/1997]
1. The use, maintenance and disposal of all permitted holding tank contents
shall conform to the following requirements:
A. The holding tank shall at all times be properly maintained and kept
in good working condition, and so that among other things, leaks and
spills are avoided and so that a nuisance or health hazard is not
created.
B. The holding tank shall be maintained and used in accordance with
conditions as set forth in the permit.
C. The contents of the holding tank shall be pumped and collected regularly
and as necessary to maintain a proper working sewage system and shall
be properly transported to a permitted disposal site in accordance
with applicable regulations.
D. Pumping receipt shall be submitted to the Township at least monthly.
E. Information concerning the person(s) collecting, transporting and
disposing of the sewage and any changes shall be reported to the Township.
F. Leaks, spills and malfunctions shall be reported to the Township
immediately and corrective action shall be taken in accordance with
applicable regulations of the Department of Environmental Protection.
G. Any changes or modifications to the holding tank or the use served
shall be reported to the Township.
H. Inspection of holding tanks by the Sewage Enforcement Officer shall
be permitted as necessary and at least once per year at the expense
of person responsible for use and maintenance.
I. The Township must be provided with current information about any
change in ownership of the property or persons responsible for use
and maintenance of the holding tank.
J. In the event the use of the property served by the holding tank changes
to or includes a residential use, then installation of a permanent
sewage disposal system which meets applicable standards and regulations
shall be required and the use of the holding tank shall cease.
[Ord. 1995-2, 7/6/1995, § 9]
The owner of the property on which a holding tank is being used
pursuant to this Part shall be responsible, along with the person
in possession or in control of the operation and maintenance of the
holding tank, for compliance with the regulations relating to holding
tank use, maintenance and disposal.
[Ord. 1995-2, 7/6/1995, § 10]
1. The Sewage Enforcement Officer (SEO) shall:
A. Review holding tank applications and issue permits as appropriate.
B. Impose conditions to permit if appropriate.
C. Inspect holding tanks annually and as otherwise required to determine
compliance with applicable regulations.
D. Provide the Township with written reports regarding inspections.
[Ord. 1995-2, 7/6/1995, § 11]
1. The Township Secretary or such other person as the Township Supervisors
may designate shall:
A. Maintain records regarding the holding tanks permitted, their location,
persons owning the property on which they are located, persons otherwise
designated as persons responsible for their use and maintenance, the
use for which permitted.
B. Maintain records regarding the persons collecting, transporting and
disposing for each permitted holding tank and the disposal sites used.
C. Review and maintain the pumping receipts from each permitted holding
tank.
D. Maintain SEO investigation reports for each permitted holding tank.
E. Maintain records of complaints and report same to the SEO for inspection.
F. Maintain a current list of persons permitted to collect, transport
and dispose of sewage from holding tanks.
[Ord. 1995-2, 7/6/1995, § 12; as amended by Ord.
1997-2, 3/6/1997; and by Ord. 1998-2, 3/5/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1995-2, 7/6/1995, § 13]
Any person denied a permit or whose permit has been revoked
may take an appeal in accordance with the provisions of § 16
of the Pennsylvania Sewage Facilities Act, as amended, and regulations
promulgated thereunder.