[Adopted 9-19-2000 by Ord. No. 2-00]
The purpose of this article is to provide for and regulate the
use, maintenance and removal of new and existing holding tanks in
Cross Creek Township so as to protect the health, safety and welfare
of the residents of the Township. This article is also intended to
permit the development of lands with the use of holding tanks under
carefully controlled and regulated circumstances; to regulate the
use and maintenance of holding tanks in conformity with the law, statutes
and regulations of the Commonwealth of Pennsylvania, as administered
by the Department of Environmental Protection, or its successor agency,
and the federal government; to provide a temporary alternative to
discontinuing otherwise lawful land use in the Township; and to protect
against the harm due to inadequate or malfunctioning on-site septic
systems.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
The Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1
et seq., as from time to time amended.
Any employee of the Township empowered by the Board of Supervisors
and/or by the Commonwealth of Pennsylvania to enforce the provisions
of this article. The term "agent" shall include, but not be limited
to, the Sewage Enforcement Officer and/or his assistants and substitutes,
duly appointed by the Board of Supervisors.
The Board of Supervisors of Cross Creek Township.
The Pennsylvania Department of Environmental Protection or
its successor agency.
A suitable facility for the final disposition of human and
animal sewage and wastes, which facility shall be approved for such
purpose by the Department of Environmental Protection.
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.
A county, municipality, municipal authority, corporation,
partnership, individual or other legal entity, which removes the contents
of a holding tank for purposes of disposing of sewage at another site.
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.
The natural person or persons, partnership, corporation,
or other legal entity who has legal and/or equitable title to a parcel
of land.
A parcel of land regardless of acreage.
An individual or individuals, corporation, partnership, association
or other legal entity.
Any substance that contains any of the waste products, excrement
or other discharge from the bodies of human beings or animals or any
other noxious or deleterious substances which are harmful or inimical
to the public health, safety or welfare or to animal, plant or aquatic
life or to the use of water for domestic water supply or recreation
purposes or which otherwise constitute pollution under the Clean Streams
Law.[1]
Cross Creek Township, Washington County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
A.
Holding tanks may be used in the Township only for the following
purposes or in the following situations:
(1)
Temporary use for new construction in any area of the Township for
which a revision to the Township's Official Sewage Facilities Plan
has been approved by the Department for both a public sewage treatment
system and the temporary use of holding tanks and financial security
in the form of a bond, letter of credit or similar acceptable security
has been provided the Township that such public sewage treatment system
will be installed within two years of the application for a holding
tank permit; provided, however, that said temporary use for new construction
shall be limited to use for single family residences or for multifamily
residential use and nonresidential use with sewage flows no greater
than 400 gallons per day.
(2)
Use where a malfunction in an existing system cannot be repaired
or replaced based on an on-site investigation by the Sewage Enforcement
Officer which reveals that the site is not suitable for the use of
an on-site sewage disposal system pursuant to the Pennsylvania Sewage
Facilities Act (Act 537), as from time to time amended, and the regulations
adopted pursuant thereto.
(3)
When the Township or the Department of Environmental Protection determine
the use is necessary to abate or avoid a nuisance or a public health
hazard.
(4)
When the Sewage Enforcement Officer determines that one of the preferred
systems cannot be installed on the site.
B.
A person using a holding tank under Subsection A(2) or (3) above shall use good-faith efforts to minimize the time period during which it is necessary to use a holding tank by taking corrective measures on the property; exploring the possibilities or connecting to an existing or to be constructed public or approved private system and then doing so if and when same is possible; or otherwise taking steps to avoid the prolonged use of a holding tank to dispose of sewage. At all times, a person using a holding tank shall comply with the directives of the Township Sewage Enforcement Officer regarding the use of a holding tank and the measures to be taken to minimize or eliminate such use.
A.
Any person seeking to use a holding tank for sewage disposal on any
lot situated in the Township shall secure a permit therefor from the
Sewage Enforcement Officer.
B.
Permit applications shall be submitted on a form to be provided by
the Township or its designated agency to the applicant at the applicant's
request.
C.
The applicant for a holding tank permit shall submit the completed
application to the Township or its designated agency, together with
the nonrefundable fee as established from time to time by resolution
of the Board.
D.
The applicant shall cooperate with the Sewage Enforcement Officer
at all times during the application process. Failure of an applicant
to cooperate may, at the discretion of the Sewage Enforcement Officer,
result in a delay in the issuance of a permit or a complete denial
of a permit until such time as all requirements of the application
process have been complied with.
E.
The following shall be submitted with the completed application:
(1)
A copy of a written contract between the applicant and a holding
tank cleaner providing for the timely and regular removal of the contents
of the holding tank during the entire term of the permit.
(2)
A copy of the written contract between a holding tank cleaner and
the operator of a disposal site providing for the disposal of the
holding tank contents at a site approved therefor by the Department.
(3)
An agreement prepared by the Township in which the applicant agrees
to indemnify and hold harmless the Township for any liability, costs,
and expenses (including attorney's fees) incurred by the Township
in any action by or against the Township to enforce compliance with
the terms hereof; to remove the contents of a holding tank or the
holding tank itself; or to abate any nuisance, public health hazard
or any violation of this article or any state or federal statutes
or regulations. Security in a form and an amount to be determined
appropriate by the Township shall be posted with the Township at such
time as an agreement is executed.
(4)
The nonrefundable fee as established from time to time by resolution
of the Board.
F.
Upon receipt of a completed application and the supporting materials
and fee as required hereby, the Township Sewage Enforcement Officer
shall conduct an investigation to determine compliance with the terms
hereof, as well as any applicable state and/or federal regulations.
If the applicant complies with the terms hereof and the terms of any
applicable state and/or federal regulation and the lot in question
qualifies as a site for a holding tank, a permit shall be issued therefor.
G.
All permits shall be valid for a period of one year from the date
of issuance, with each application for renewal subject to the relevant
provisions hereof. All requests for renewals shall be submitted on
an application form made available by the Township or its designated
agency and shall be accompanied by supporting materials as required
thereby and a nonrefundable renewal fee as established from time to
time by resolution of the Board.
H.
Upon receipt of a completed renewal application, any supporting material
to be submitted therewith and the renewal fee required hereby, the
Township Sewage Officer shall conduct an investigation to determine
compliance with the terms hereof, as well as any applicable state
and/or federal regulations. If the applicant complies with the terms
hereof and the terms of any applicable state and/or federal regulations
and the lot in question continues to qualify as a site for a holding
tank, the permit shall be renewed therefore for an additional one-year
period.
A.
All holding tanks shall be installed within six months of the issuance
of a permit therefor. Should a holding tank not be installed within
said time period, the permit therefor shall be automatically revoked
and the applicant shall be required to submit a new application, together
with supporting materials and a new application fee, prior to the
installation of a holding tank.
B.
All holding tanks shall have a minimum of 2,000 gallons capacity
and must be installed in accordance with the permit issued hereunder.
All installations shall comply with the specifications set forth in
applicable state and federal regulations, including, but not limited
to, 25 Pa. Code Chapter 73, as amended.
C.
All holding tanks shall be installed in accordance with this and
all other applicable Township ordinances and regulations.
D.
All holding tanks shall be installed on a firm and stable soil or
subsoil and in such manner as to prevent settlement or movement.
E.
All holding tanks shall be installed at least 50 feet from any water
supply source.
F.
No holding tanks or lines shall be covered until the Township's Sewage Enforcement Officer shall have first inspected same in accordance with Subsection G below.
G.
Upon the completion of installation of the holding tank (except for
the covering of the lines and tank) and prior to the use thereof,
the permittee shall notify the Sewage Enforcement Officer that the
installation has been completed and shall request an inspection thereof.
The Sewage Enforcement Officer shall inspect the holding tank within
20 days of being requested to do so to determine that same complies
with all of the terms of this article and other applicable federal,
state and Township statutes, regulations and ordinances.
A.
All holding tanks installed in the Township shall be used and maintained
in accordance with the terms of this article and all federal, state
and municipal statutes, regulations and ordinances applicable thereto,
including, but not limited to, 25 Pa. Code 73, inclusive.
B.
The permittee shall cause the contents of the holding tank to be
collected and disposed of as frequently as may be necessary to maintain
the contents thereof at a level no greater than 75% of tank capacity.
The holding tank 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 signal at a location frequented
by the owner or occupant of the property or other responsible individual
charged with the proper maintenance of the tank.
C.
The contents of holding tanks shall be disposed of only at such sites
as may be approved by the Department.
D.
The permittee shall provide the Township's Sewage Enforcement Officer
with copies of receipts from a holding tank cleaner which verify the
collection and disposal of the contents of a permitted holding tank.
Said receipts shall be provided to the Sewage Enforcement Officer
or other designated agent or employee of the Township immediately
following the cleaning of said tank and the disposal of the contents.
Said receipts shall also be retained by the permittee for a period
of five years.
E.
The Sewage Enforcement Officer shall receive, review and retain copies
of said receipts for a period of five years and shall advise the permittee
of any problems therewith or corrections that need to be made thereto.
The permittee shall insure that the holding tank and all lines, pipes
and/or conduits to and from the tank are maintained in a watertight
condition at all times.
F.
No increase in the size or a building and no change in the use of
a building which will increase sewage flows shall be permitted while
the property is being serviced by a holding tank unless a new application
is submitted therefor.
A.
The Sewage Enforcement Officer shall inspect each holding tank in
the Township at least annually.
B.
Any person who applies for an receives a permit for the installation
of a holding tank shall be deemed to have consented to an annual inspection
of said tank and related facilities by the Township Sewage Enforcement
Officer or his designee at reasonable times with 48 hours' notice.
In addition, the permittee shall also be deemed to have consented
to inspections of the tank and related facilities by the Sewage Enforcement
Officer as determined to be necessary by said officer between the
hours of 8:00 a.m. and 8:00 p.m.
C.
The permittee shall grant access to the Township Sewage Enforcement
Officer or his designee to the property upon which the tank is located
for the purpose of making inspections upon the verbal request of said
officer.
D.
At the time that the Sewage Enforcement Officer inspects the holding
tank, he shall also have access, upon request, to documentation that
the tank has been cleaned in accordance with the terms hereof and
the contents thereof disposed of at a disposal site approved by the
Department.
E.
Failure of the permittee to allow access or inspection of the premises
or to have access to pumping receipts or disposal documentation shall
be grounds for the immediate revocation of the permit by the Sewage
Enforcement Officer.
F.
The permittee shall be responsible for the cost of inspections by
the Township Sewage Enforcement Officer, or his designee, at a cost
to be established from time to time by the Board of Supervisors.
G.
The Sewage Enforcement Officer shall prepare an inspection report
each time he shall inspect a holding tank and shall note therein any
violations or deficiencies discovered. The Sewage Enforcement Officer
shall retain copies of said reports for a period of five years from
the date of the inspections to which they refer.
A.
Upon a holding tank no longer being used for waste disposal purposes
for any reason, same shall be removed or secured in a manner approved
by the Township by the permittee within 30 days of the termination
of use.
B.
Should a permittee fail to remove or secure a holding tank once it
is no longer being used for waste disposal purposes, the Township
shall, at its discretion, have the right to enter upon the premises
for purposes of removing or securing said tank. The Township may retain
the services of a contractor to physically remove or secure the tank
and said contractor shall have the right to enter the property at
the direction of the Township to perform said services. All costs
resulting from the Township or its agent removing or securing a holding
tank shall be borne by the permittee and the Township shall have the
right to recover such costs from the security posted with the Township,
file a municipal lien against the property, or take such other action
as is required at law or in equity so as to recover any costs expended
by the Township for remedial action.
C.
In addition to the above, the Township shall be authorized to take
whatever legal action it deems necessary and appropriate to correct
a malfunction, avoid a health hazard, avert a nuisance or insure compliance
herewith.
D.
Failure of a permittee to comply with the terms of this article,
including, but not limited to, the failure to permit inspection of
a holding tank; the failure to properly maintain and pump out a tank;
and the failure to furnish pumping receipts to the Township upon request,
shall be grounds for revocation of a permit by the Sewage Enforcement
Officer.
A.
Any applicant aggrieved by the denial of a permit application or
by any other decision of the Township Sewage Enforcement Officer shall
be entitled to appeal to the Board of Supervisors.
B.
Any such appeal shall be processed as a local agency hearing in a
fashion similar to appeals from the denial of a sewage permit by the
Sewage Enforcement Officer.
A.
The standards set forth herein shall be deemed the minimum standards
for the installation, use and removal of holding tanks in the Township.
Such installation, use and removal of holding tanks shall also comply
with the requirements of the Pennsylvania Sewage Facilities Act[1] and the regulations adopted pursuant thereto and in those
cases in which said requirements are more stringent than the standards
set forth in this article, the permittee shall comply with the more
stringent requirement.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B.
All ordinances or parts of ordinances inconsistent with the provisions
of this article are hereby repealed to the extent of any such inconsistency.
C.
If any section, provision or clause of this article is determined
to be invalid, unconstitutional or inoperative by any court, such
adjudication shall not affect the validity of the remaining provisions
of this article, which shall be deemed severable therefrom.
D.
This article shall become effective five days following the date
of adoption by the Board of Supervisors.
