[Adopted 8-11-2010 by Ord. No. 1-2010]
This article shall be known and may be cited as the "Holding
Tank Ordinance."
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/business/commercial or industrial
uses, 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 North Franklin Township.
As used in this article, unless the context indicates clearly
a different meaning, the following words shall have the meanings set
forth below:
The Board of Supervisors of North Franklin Township, Washington
County, Pennsylvania.
A device for holding and processing human and organic kitchen
waste, employing the process of biological degradation through the
action of microorganisms to produce a stable, humus-like material.
A watertight receptacle that 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 discharge to a holding tank.
HOLDING TANK or 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 North Franklin 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.
A device capable of reducing waste materials to ashes.
North Franklin Township, Washington County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in North Franklin Township.
Any individual, partnership, company, association, corporation
or other group or entity.
A device in which the flushing medium is restored to a condition
suitable for reuse in flushing.
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.
A.
A landowner within a residential/business/commercial or industrial
zoning district within the Township may apply for a permit for the
use of a holding tank as an acceptable alternative to handle on-site
sewage on its property after demonstrating to the satisfaction of
the Township Supervisors that the subject property does not qualify
for a conventional or sand-mound system or an individual stream discharge
disposal system.
B.
The Board is hereby authorized and empowered to undertake within
the Township the control and methods of holding tank construction,
maintenance, removal, use, sewage disposal and sewage collection and
transportation of the contents of said tank.
The Board is hereby authorized and empowered to adopt such rules,
regulations and conditions concerning holding tanks that it may deem
necessary from time to time to accomplish the purposes herein.
All such rules, regulations and conditions adopted by the Board
shall be in conformity with the provisions herein, all other ordinances
of North Franklin Township and all applicable laws and applicable
rules and regulations of the administrative agencies of the Commonwealth
of Pennsylvania.
The Board shall have the right and power to fix, alter, charge
and collect rates, assessments and other charges in connection with
the administration of this article at reasonable and uniform rates
not contrary to applicable law.
A.
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 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.
B.
The Board shall receive, review and retain pumping receipts from
each permitted holding tank.
C.
The Board shall complete and retain annual inspection reports for
each permitted holding tank.
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this article or any
other ordinance of North Franklin Township, the provisions of any
applicable law or the rules, regulations and conditions of the Board
and any administrative agency of the Commonwealth of Pennsylvania.
B.
Permit only the Board or its agents to inspect holding tanks on an
annual basis.
C.
Permit only the Board or its agents or an approved hauler to collect,
transport and dispose of the contents therein.
D.
Enter into a written agreement with North Franklin Township providing
for the duties and obligations of said property owner with respect
to, but not limited to, the construction, use, maintenance and removal
of holding tanks.
E.
Provide such financial security for the performance of his/her undertakings
and obligations set forth in any written agreement with North Franklin
Township.
Any person, firm or corporation who shall violate any provision
of this article, 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 article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
In addition to any other remedies provided in this article, any violation of § 345-54 above shall constitute a nuisance and may be abated by North Franklin Township or the Board by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
If any sentence, clause, section or part of this article is
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
North Franklin Township that this article would have been adopted
had such constitutional, illegal or invalid sentence, clause, section
or part thereof not been included therein.
This article shall become effective five days after the passage
thereof.
