The purpose of this article is to establish procedures for the use and maintenance of holding tanks designed to receive and retain sewage, whether from residential or commercial use, and 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.
[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Towamensing as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-3-1973 by Ord. No. 15]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. Holding tanks include but are not limited to the following:
CHEMICAL TOILETA toilet using chemicals that discharges to a holding tank.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
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 structures sewage shall or may be discharged.
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
Any individual, partnership, company, association, corporation or other group or entity.
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.
Lower Towamensing Township, Carbon County, Pennsylvania.
The person designated by the Lower Towamensing Township Supervisors to enforce this article.
The Supervisors of Lower Towamensing Township are hereby authorized and empowered to undertake within the Township the control and methods of holding tank sewage disposal and the collection and transportation thereof.
The Supervisors of Lower Towamensing Township are hereby authorized and empowered to adopt such rules and regulations concerning sewage which they may deem necessary from time to time to effect the purposes herein.
All such rules and regulations adopted by the Supervisors of Lower Towamensing 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 Supervisors of Lower Towamensing 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.
The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely by or under the direction and control of the Supervisors of Lower Towamensing Township, 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.
The owner of an improved property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this chapter or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the Supervisors and any administrative agency of the Commonwealth of Pennsylvania.
B.
Permit only the Supervisors of Lower Towamensing Township or anyone approved by the Supervisors to collect, transport, and dispose of the contents therein.
Any person who violates any provisions of § 345-8 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not more than $50 and costs, and, in default of said fine and costs, to undergo imprisonment in the Carbon County Prison for a period not in excess of 10 days.
In addition to any other remedies provided in this article, any violation of § 345-8 above shall constitute a nuisance and may be abated by the Supervisors of Lower Towamensing Township by seeking either appropriate equitable or legal relief from a court of competent jurisdiction.
If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the Board of Supervisors of the Township that this article would have been adopted had such constitutional, illegal or invalid sentence, clause, section or part thereof not been included therein.
[Adopted 11-9-2004 by Ord. No. 139]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
Any system, whether publicly or privately owned, for the collection and disposal of sewage or industrial wastes of a liquid nature, or both, including various devices for the treatment of such sewage or industrial wastes serving three or more individual lots.
Department of Environmental Protection of the Commonwealth of Pennsylvania.
A person or agency appointed to perform inspections and issue permits in connection with individual sewage systems and community sewage systems.
Single system of piping, tanks or other facilities serving one or two lots and collecting and disposing of sewage in whole or in part into the soil of the property or into any waters of the commonwealth.
A part of a subdivision or a parcel of land used as a building site or intended to be used for building purposes, whether immediate or future, which would not be further subdivided.
Any natural person, partnership, association or corporation. Whenever used in any clause prescribing and imposing a penalty, or imposing a fine or imprisonment, or both, the term "person" shall include the members of an association and the officers of a corporation.
Sewer system and the treatment facility owned, operated, or maintained by Lower Towamensing, approved by the Department under a permit issued pursuant to the Clean Streams Law, Act of June 22, 1937, P.L. 1987, No. 394, 35 P.S. § 691.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
This article shall be construed as implementing for Lower Towamensing the provisions of the Pennsylvania Sewage Facilities Act, P.L. 1535, No. 537, January 24, 1966, 35 P.S. § 750.1 through 750.20, as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
Where public sewage services are not available to a property owner, the building sewer shall be connected to an individual sewage system complying with the provisions of this article.
A permit shall be required for the installation of a community sewage system or new individual sewage system and building sewer prior to the construction of any buildings for which such system or systems will be installed and prior to the alteration, replacement, repair or extension of any such existing sewage system, provided every such sewage system shall be subject to approval by the Pennsylvania Department of Environmental Protection. It is specifically intended that a permit shall be required for all persons proposing to install an on-lot septic 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 permanent exemption in accordance with the provisions of Section 7(a)(1) of the Pennsylvania Sewage Facilities Act.[1]
[1]
Editor's Note: See 35 P.S. § 750.7a(a.1).
Application for such permit to install a community sewage system or an individual sewage system and building sewer shall be made prior to the expected date of commencement of construction of such facilities, on forms provided by Lower Towamensing Township, which the applicant shall submit with any plans, specifications or other information deemed necessary by the Sewage Enforcement Officer. No person shall commence any construction requiring a written permit until such permit has been issued by the Enforcement Officer and the fee for issuing such permit has been paid in full.
A permit and inspection fee established pursuant to a resolution of Lower Towamensing Township shall be paid at the time the application is filed.
A permit for a community sewage system or an individual sewage system and building sewer shall not become effective until the installation is completed to the satisfaction of the Sewage Enforcement Officer. He shall be permitted to inspect the work at any stage of construction, and the applicant shall notify him when the work is ready for final inspection and before any underground portions are covered.
The type, capacities, location and layout of a community sewage system or an individual sewage system and building sewer shall comply with the recommendations of the Sewage Enforcement Officer, rules and regulations of Lower Towamensing Township and of the Department, and applicable statutes of the Commonwealth of Pennsylvania.
Any person whose individual sewage system is not in compliance with regulations of the Township, the regulations of the Department and/or any applicable statutes of the commonwealth shall be responsible for all fees incurred by the Township, including those fees incurred through the Sewage Enforcement Officer for inspection of a nonconforming system, including oversight of any repairs to the system. Such fees shall include those fees as may be set forth and established pursuant to a resolution of the Supervisors of the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person failing to comply with the provisions of this article shall be subject to the summary offense penalties of 35 P.S. § 750.13 and, in addition thereto, may be subject to the civil penalties of 35 P.S. § 750.13a. Each day of noncompliance shall constitute a separate offense.
If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of Lower Towamensing Township that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.