[Ord. 8/9/1990, 8/9/1990, § 101]
The purpose of this Part 1 is to establish procedures for the
use and maintenance of existing and new holding tanks designed to
receive and retain sewage whether from residential or commercial uses,
and it is hereby declared that the enactment of this Part 1 is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this Township.
[Ord. 8/9/1990, 8/9/1990, § 201]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part 1 shall be as follows:
The Board of Supervisors of Montour Township, Columbia County,
Pennsylvania.
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.
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.
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.
Montour Township, Columbia County, Pennsylvania.
[Ord. 8/9/1990, 8/9/1990, § 301]
The Board 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. 8/9/1990, 8/9/1990, § 401]
The Board is hereby authorized and empowered to adopt such rules
and regulations concerning sewage which it may deem necessary from
time to time to effect the purposes herein. All such rules and regulations
shall be in conformity with the provisions hereof and all applicable
laws of the Commonwealth of Pennsylvania.
[Ord. 8/9/1990, 8/9/1990, § 501]
The Board shall have the right and power to fix, alter, charge
and collect rates, assessments and other charges.
[Ord. 8/9/1990, 8/9/1990, § 601]
1.
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall be done under the direction
and control of the Board, 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.
2.
The Board, or its authorized designee, will receive and review pumping
receipts from permitted holding tanks and will retain the same for
a period of five years.
3.
The Board, or its authorized designee, will complete annual inspection
reports for each permitted tank and will retain the same for a period
of five years.
[Ord. 8/9/1990, 8/9/1990, § 701]
1.
The owner of an improved property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this Part 1, the provisions
of any applicable law, and the rules and regulations of the Board
and any administrative agency of the Commonwealth of Pennsylvania.
C.
Permit the Board or its agent to inspect holding tanks on an annual
basis.
D.
Permit the Board or its agent to collect, transport, and dispose
of the contents therein.
[Ord. 8/9/1990, 8/9/1990, § 801;
as amended by Ord. 9/11/1997, § 1]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge 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. 8/9/1990, 8/9/1990, § 901]
In addition to any other remedies provided in this Part, any violation of § 18-107 hereof shall constitute a nuisance and may be abated by the Township which may seek mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
[Res. 8/9/1990, 8/9/1990, Article I]
Unless otherwise expressly provided, the following words and
phrases shall, for the purposes of these regulations, have the following
meanings:
The Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1
et seq., as from time to time amended.
The Board of Supervisors of Montour Township, Columbia County,
Pennsylvania.
The Columbia County Sanitary Administrative Committee.
The Pennsylvania Department of Environmental Protection or
its successor state agency.
A suitable facility for the final disposition of human and
animal sewage and waste, which facility shall have been and remains
approved for such purposes by the Department.
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.
The person who removes the contents of a holding tank for
the purpose of disposing of the sewage at another site.
A parcel of land under single ownership, regardless of acreage.
In the event the subject lands are a portion of a larger parcel of
ground, the larger parcel of ground shall be considered as the "lot."
The duly appointed Sewage Enforcement Officer of the Township.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any natural person, association, partnership, corporation,
firm or other legal 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.
The Township of Montour, Columbia County, Pennsylvania.
[Res. 8/9/1990, 8/9/1990, Article II]
1.
Any owner seeking to use a holding tank for sewage disposal on any
lot situated in the Township shall first obtain a permit from the
Officer; provided, however, that no permit shall be required for an
animal manure storage facility designed and operated in accordance
with the Department's approved manure management practices.
2.
Permit application shall be made upon a form to be supplied by the
Officer to any owner upon such owner's request.
3.
The owner shall file the completed and executed application for permit
with the Officer and shall pay to the Officer such application fee
as the Committee may from time to time prescribe.
4.
The owner shall cooperate with the Officer at all stages of the application
process.
5.
A permit shall be issued to the owner upon proper application; provided,
that where required by the Department's regulations, the Board
has amended its Official Sewage Facilities Plan and the Department
has approved such amendment.
6.
Prior to a permit being granted, the owner shall obtain and file
with the Officer a certified copy of each of the following documents:
A.
A completed application;
B.
A written contract between the owner and a qualified and responsible
holding tank cleaner for the term of the holding tank permit, which
contract shall provide for the timely and regular removal of the contents
of the holding tank by the holding tank cleaner to an approved disposal
site for final disposition;
C.
A certified copy of a written contract between the holding tank cleaner
and the disposal site providing the holding tank cleaner with the
right to dispose of the holding tank contents for a time extending
at least until the end of the period for which the holding tank permit
is requested, which contract shall conform to 25 Pa. Code, Chapter
71. Permittee shall provide the Officer with copies of invoices from
the disposal site;
D.
The fee established by the Committee;
E.
An agreement, in the form required by the Board, to reimburse and
indemnify the Township for any liability, costs and expenses which
shall or may be incurred by the Township in actions to enforce compliance
with Part 1A of this chapter by the owner or to remove the contents
of the holding tank or the holding tank itself upon default or failure
of the owner to do so and for any fines incurred by the Township by
reason of the owner's failure to comply with these regulations,
any properly enacted amendment hereto or the laws and regulations
of the Commonwealth of Pennsylvania;
F.
The amendment of the Township's Official Sewage Facilities Plan
adopted by the Board and approved by the Department.
7.
The applicant shall provide financial security in a form approved
by the Township in an amount equal to $1 for each one gallon of the
holding tank's capacity which security shall provide for, and
secure to the Township, the applicant's compliance with these
regulations, the Township's Holding Tank Ordinance (Part 1A)
and the regulations of the Department pertaining to holding tanks.
[Res. 8/9/1990, 8/9/1990, Article III; as amended by Ord. 4/10/1997, § 1]
1.
A permit for a holding tank shall be issued under the provisions of the Pennsylvania Sewage Facilities Act, the Act of January 24, 1966, P.L. 1535, as amended (the "Act"), 35 P.S. § 750.1 et seq., the applicable regulations of the Department of Environmental Protection (the "regulations") and this Part 1. A permit shall expire if construction or installation of the permitted holding tank and the structure for which the holding tank is to be installed has not begun within three years after permit issuance, or such other time as provided by the regulations. Where a permit expires, a new permit shall be obtained prior to beginning the construction or installation.
2.
In the event an owner holding a permit shall violate any provision
of the Act, the regulations, this Part 1 or any condition of the permit,
the permit shall be revoked.
[Res. 8/9/1990, 8/9/1990, Article IV]
1.
Upon the expiration or revocation of a permit, the owner shall remove
or cause the removal of the holding tank within 20 days of the end
of the term for which the permit was issued.
2.
In the event a holding tank permit has been issued for a newly erected
commercial structure pending the installation of an off-site sewage
disposal system, the owner shall remove or cause the removal of the
holding tank within 20 days after the use of the off-site sewage disposal
system is made available to the owner and shall connect with the off-site
disposal system in the same time.
3.
The Township, at its election, shall have the right to enter upon
the premises of an owner for the purpose of removing or causing the
removal of any holding tank which remains in place in violation of
these regulations. "Township" as used herein shall mean the Township,
its employees or third parties contracted with by the Township for
the purpose of removing the holding tank. All costs and expenses of
removal shall be borne by the owner.
[Res. 8/9/1990, 8/9/1990, Article V]
1.
Any holding tank installed or maintained pursuant to a permit issued
under these regulations shall comply, in all respects, with the specifications
set forth in the regulations of the Department pertaining to holding
tanks.
3.
All holding tanks shall be installed in a firm and stable soil or
subsoil and in such manner as to prevent settlement or movement.
4.
The owner shall cause a holding tank to be cleaned as frequently
as may be required to maintain the contents at a level of less than
75% of the tank capacity.
5.
Holding tanks shall be installed at least 50 feet downgrade from
any storage of water supply.
[Res. 8/9/1990, 8/9/1990, Article VI; as amended by Ord. 4/10/1997, § 2]
1.
Any owner who applies for and receives a permit for a holding tank
shall be deemed to have granted his consent for inspections of the
holding tank and facilities used in connection with the holding tank
by the Officer. At reasonable times during the hours of 8:00 a.m.
to 8:00 p.m., the owner shall grant the Officer access to the premises
for the purpose of making such inspections upon request of the Officer
verbally or in writing.
2.
Any owner receiving a holding tank permit shall furnish to the Township
a true and correct copy of all pumping receipts for cleaning or removing
the contents of the holding tank. Such reports shall be made to the
Officer within 10 days after the contents of the holding tank are
pumped out.
3.
The failure of an owner to permit inspection of a holding tank or
equipment or facilities used in connection therewith; the failure
of the owner to have the holding tank properly maintained and pumped
out; or the failure of the owner to furnish pumping receipts to the
Township in a timely fashion shall be grounds for immediate revocation
of his permit.
4.
The Committee shall inspect all holding tanks in the Township on
an annual basis and following such inspection shall forward an invoice
to each owner thereof for the fee for such inspection established
by the Committee. The owner shall pay such invoice within 30 days
of its receipt.
