[Adopted 11-21-2011 by Ord. No. 2011-06]
The purpose of this article is to provide for the use, maintenance
and regulation of temporary holding tanks for sewage at oil and gas
extraction sites so as to protect the residents and inhabitants of
Clinton Township from danger of a public health hazard or an otherwise
unsanitary condition caused by or arising out of uncontained sewage
and/or faulty holding tanks.
As used in this article, the following terms shall have the
meanings indicated:
HOLDING TANK
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage and is designed and constructed
to facilitate the ultimate disposal of the sewage at another site,
as defined in the Commonwealth of Pennsylvania's Pennsylvania
Code, Title 25, Environmental Protection. For the limited purposes
of this article, holding tanks may be part of a system which utilizes
portable toilets, also known as "job johnnies, port-a-potties" and
the like.
OIL AND GAS EXTRACTION SITE
The temporary living quarters ("man camp") established at
or near the area of construction, drilling, hydraulic fracturing,
(fracing) and/or site restoration associated with an oil and gas (or
derivative product) well of any depth.
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 (including, without limitation,
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 any substance which constitutes pollution under
the Clean Stream Law (35 P.S. § 691.1 et seq.)
SEWAGE ENFORCEMENT OFFICER
The person or persons duly appointed by the Board of Supervisors
to inspect and approve septic tank installation.
All holding tank systems shall have a minimum total liquid capacity
of 2,000 gallons, and meet all requirements of Pa. Code, Title 25,
Chapter 73, regarding construction, and must be installed in a manner
which insures that they will not float when empty.
The holder of a permit issued pursuant to this article shall:
A. Notify the designated individual, firm or corporation responsible
for the removal of holding tank contents at such time that the tank
is filled to within 75% of capacity.
B. Permit only the individual, firm or corporation designated in the
application to remove holding tank contents.
C. Cause the individual, firm or corporation designated in the application
to remove holding tank contents to report to the Township, on Township-supplied
forms, a record of each pumping activity.
Whenever a holding tank's contents are pumped out, it shall
be the responsibility of the individual, firm, or corporation designated
in the application to provide pumping receipts to the Township.
No individual, firm, association, corporation or entity which
owns property which is in violation of any of the provisions of this
article shall be issued a permit to erect, construct, install or maintain
a holding tank on a different property until any existing violation
has been cured.
If any section, subsection, paragraph, sentence, clause, or
phrase of this article shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this article,
which shall remain in full force and effect; and, to this end, the
provisions of this article are hereby declared to be severable.