[Ord. 1995-1, 6/14/1995, § I]
1. This Part shall be known as the "Douglass Township On-lot Sewage
Disposal System Permit Ordinance."
2. This Part is adopted pursuant to § 7(a)(1) of the Pennsylvania
Sewage Facilities Act, as amended, 35 P.S. § 740.7(a)(1).
3. The purpose of this Part is to provide for the permitting of all
on-lot sewage disposal systems within the Township in accordance with
the standards and regulations of 25 Pa. Code, Chapters 72 and 73,
including those systems otherwise eligible for an exemption from the
permitting requirements of the Act, as authorized by § 7(a)(1)
of the Act, 35 P.S. § 740.7(a)(1).
[Ord. 1995-1, 6/14/1995, § II]
1. From and after the effective date of this Part, all persons proposing
to install an on-lot sewage disposal system on any lot within the
Township, including those persons proposing to install such a system
on a lot 10 acres or larger and who are otherwise qualified for a
permit exemption in accordance with the provisions of § 7(a)(1)
of the Act, 35 P.S. § 740.7(a)(1), shall apply to the Township
for a permit for the installation of such system.
2. No person shall install or commence construction of any on-lot sewage
disposal system for which a permit is required until such permit has
been issued by a Sewage Enforcement Officer employed by or contracted
to the Township.
[Ord. 1995-1, 6/14/1995, § III]
1. Any person violating any of the provisions of this Part shall be
subject to the civil and criminal penalties authorized pursuant to §§ 13
and 12 of the Act, as amended, 35 P.S. §§ 740.13, 740.12.
2. In addition to the penalties for noncompliance set forth in Subsection
1 above, it is further provided that all of the civil and equitable remedies set forth in §§ 12, 14, and 15 of the Act, 35 P.S. §§ 750.12, 750.14, and 750.15, as amended, shall be applicable to violations of this Part.
[Ord. 1990-6, 8/8/1990, § 1]
By this Part the Board of Supervisors of Douglass Township intends
to serve the purpose authorized by the rules and regulations promulgated
through 25 Pa. Code, Chapter 71 of the Sewage Facilities Act, as revised
and effective July 10, 1989, 35 P.S. § 750.1 et seq. In
furtherance thereof, the provisions of this Part are deemed expedient
and necessary to establish procedure for the use and maintenance of
low flow facility holding tanks for commercial or industrial uses,
designed to receive, retain, and to facilitate ultimate disposal of
sewage at another site. And it is hereby declared by the enactment
of this Part the intention of the Township is to ensure the protection,
benefit, and preservation of the health, safety, and welfare of the
residents of this municipality, and for the requiring of control of
holding tanks through specific restrictions upon their uses more fully
set forth herein.
[Ord. 1990-6, 8/8/1990, § 2]
As used herein, the following words and phrases shall have the
meanings indicated:
APPLICANT
The owner or person applying for permission to utilize holding
tank as alternative sewage disposal system.
HOLDING TANK
A water type 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 sewage to another site.
IMPROVED PROPERTY
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.
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.
SEWAGE
Any substance that contains any of the waste products or
excrement or other discharge from bodies of human beings or animals
or 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.
TOWNSHIP
The Board of Supervisors of Douglass Township, Berks County,
Pennsylvania.
[Ord. 1990-6, 8/8/1990, § 3]
The Board of Supervisors of Douglass Township is hereby authorized
and empowered to undertake within the Township the control and methods
of holding tank use, sewage disposal, and sewage collection and transportation
thereof.
[Ord. 1990-6, 8/8/1990, § 4; as amended by Ord.
2009-3, 8/31/2009]
1. The Township is hereby authorized and empowered to adopt such rules
and regulations concerning sewage and holding tank usage, in addition
to the following provisions, which it may deem necessary from time
to time to effect the purposes herein:
A. General requirements for holding tank use are as follows:
(1)
Holding tanks require regular service and maintenance to prevent
their malfunction and overflow, and shall be used in lieu of other
methods of sewage disposal only when the following conditions are
met:
(a)
The Township official plan or revisions thereto indicates that
use of holding tanks for the subject property and provides for replacement
of adequate sewer services in accordance with the Department of Environmental
Protection approval.
(b)
The Board of Supervisors identifies the Township office as the
administrative entity to receive, review, and retain pumping receipts
for permitted holding tanks.
(c)
The Board of Supervisors shall establish an annual inspection
of holding tanks within the municipality with completion and retention
of written inspection reports.
(d)
The Board of Supervisors shall adopt by regulations, procedures,
and penalties for correction of malfunctions or public health hazards
from holding tanks.
(2)
Applicant shall be required to execute an installation and maintenance
agreement for utilization of a holding tank which shall require an
initial filing fee for the review of the application by the Township
Engineer, require an annual fee for inspection and a fee for periodic
inspections as required, shall require a cash escrow deposit in an
amount to be determined by the Board of Supervisors to guarantee compliance
with the terms of the holding tank permit and rules and regulations
as more fully set forth herein.
(3)
The proposed holding tank system application shall be approved
by the Department of Environmental Protection and reviewed by the
Township Engineer as to its design, construction, and installation,
and the owner shall certify to the Township and Department of Environmental
Protection that the design, construction, and installation of the
holding tank has been completed in accordance with the permits granted
by DEP and the Township.
(4)
Owner shall provide proof of written contract through appropriate
documentation evidencing contractual relationship established by owner
and a DEP approved site to accept untreated sewage from subject holding
tank. All regulations and requirements set forth in Chapter 73 setting
forth standards for operation of holding tanks as issued by the Department
of Environmental Protection shall be subject to and satisfied by owner.