[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:
BOARD
The Board of Supervisors of Montour Township, Columbia County, Pennsylvania.
HOLDING TANK
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.
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 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.
TOWNSHIP
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.
B. 
Provide to the Board the financial security required by § 18-152 of the regulations adopted pursuant to § 18-104 hereof.
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:
ACT
The Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., as from time to time amended.
BOARD
The Board of Supervisors of Montour Township, Columbia County, Pennsylvania.
COMMITTEE
The Columbia County Sanitary Administrative Committee.
DEPARTMENT
The Pennsylvania Department of Environmental Protection or its successor state agency.
DISPOSAL SITE
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.
HOLDING TANK
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.
HOLDING TANK CLEANER
The person who removes the contents of a holding tank for the purpose of disposing of the sewage at another site.
LOT
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."
OFFICER
The duly appointed Sewage Enforcement Officer of the Township.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
PERSON
Any natural person, association, partnership, corporation, firm or other legal entity.
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 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 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.
2. 
The owner shall cause the holding tank and all lines, pipes or conduits to the same to be maintained in a good watertight condition at all[1] times.
[1]
Editor's Note: Res. 8/9/1990 read "the."
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.