[Adopted 11-16-2005 by Ord. No. 2005-11-16]
The purpose of this article is to provide for and regulate the
use and maintenance of existing and new holding tanks designated to
receive and retain sewage within from residential, commercial or industrial
uses, establish agreements and conditions for said holding tank use,
and prescribe penalties for violation of any provisions of this article.
As used in this article, the following terms shall have the
meanings indicated:
The Pennsylvania Sewage Facilities Act (35 P.S. §§ 750.1
through 750.20), as from time to time amended.
The Pennsylvania Department of Environmental Protection (DEP).
A suitable facility for the final disposition of human and
animal sewage and wastes, which facility shall have been and remains
approved for such purposes by the Department.
A watertight tank, whether permanent or temporary, to which
sewage is conveyed by a water-carrying system and is designed and
constructed to facilitate ultimate disposal of the sewage at another
site approved by the Department.
The natural person or persons, partnership, corporation or
legal existing organization who owns legal and equitable title to
the land for which a holding tank permit is sought or issued.
The regulations of the Pennsylvania Department of Environmental
Protection, Pa. Code Title 25, Environmental Protection, Chapters
71 through 73, as adopted, and all further regulations of the Department
pertaining to holding tanks.
A substance that contains waste products or excrement or
other discharge from the bodies of human beings or animals and noxious
or deleterious substances 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 term includes any substance which
constitutes pollution under the Clean Streams Law.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
Holding tanks may be used, subjected to the provisions of this
article for sewage disposal from existing structures, where a malfunction
in the presently installed on-site sewage treatment system cannot
be suitably repaired or replaced due to unsuitability of soils or
other conditions; or for new construction for commercial or industrial
establishments with a sewage flow of less than 400 gpd.
The issuance of any holding tank permit by the Township Sewage
Enforcement Officer shall be specifically conditioned upon, among
other things, the owner executing and delivery to the Township Board
of Supervisors a Freedom Township holding tank permit agreement, as
well as said owner's full compliance with the terms of said agreement,
the provisions of this article and the Act and regulations. The form
of said Freedom Township holding tank permit agreement shall be substantially
as follows:
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FREEDOM TOWNSHIP HOLDING TANK PERMIT AGREEMENT
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This agreement, made this _____ day of __________, 20 _____,
by and between Freedom Township, a duly incorporated Second Class
Township and political subdivision of the Commonwealth of Pennsylvania,
of 2184 Pumping Station Road, Fairfield, PA 17320, by its Board of
Supervisors, party of the first part, hereinafter referred as the
"Township," and __________ of _________, party(ies) of the second
part, hereinafter referred to, in the singular or plural, as the "owner."
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Whereas, owner is the owner of that certain tract of real property,
located at __________, Freedom Township, Adams County, Pennsylvania,
the present deed to which is recorded in the Office of the Recorder
of Deeds of Adams County, Pennsylvania, in Deed/Record Book _____
at Page _____; and
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Whereas, owner has applied to the Township, by its Sewage Enforcement
Officer, for the holding tank permit, in accordance with the pertinent
provisions of the Pennsylvania Sewage Facilities Act (35 P.S. § 750.1
et seq.) (the "Act") and the regulations of the Pennsylvania Department
of Environmental Protection (25 Pa. Code § 71.1 et seq.)
(the "regulations") and the regulations of the Pennsylvania Department
of Environmental Protection, Pa. Code Title 25, Environmental Protection,
Chapters 71 through 73, as adopted; and, all further regulations of
the Department pertaining to holding tanks.
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Whereas, the Township is willing to issue unto the owner a holding
tank permit; subject, however, to owner's compliance with the
present agreement, the Act and the regulations.
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Now, therefore, witnesseth that, with the foregoing incorporated
by reference herein and deemed an essential part hereof, and in consideration
of the parties' mutual promises and agreements contained herein,
and intending to be legally bound hereby, the Township and owner hereby
agree as follows:
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1.
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The Township shall issue unto owner a holding tank permit, conditioned
upon and subject to owner's strict compliance with all of the
provisions of the present agreement, the Act and the regulations.
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2.
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Owner shall furnish, install and maintain owner's subject
holding tank in conformity with all of the terms and conditions of
the owner's application and permit, as well as the pertinent
provisions of the Act, the regulations and this agreement.
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3.
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Owner shall be responsible for retaining, under separate contract,
the services of a duly licensed holding tank collection/disposal operator
or company along with said operator's or company's written
contract or authorization with an approved sewage disposal site. At
time of receipt of the holding tank permit and at any time thereafter,
upon demand, the owner shall provide to the Township a copy of this
contract. If the contract is terminated, the owner must provide to
the Township, within three days of the termination, a contract with
another certified hauler.
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4.
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Owner shall furnish the Township Secretary with written statements
or receipts indicating owner's regular and proper pumping of
owner's holding tank; such statements or receipts shall be furnished
or exhibited at any time upon demand of the Township's Sewage
Enforcement Officer, and at least monthly to the Township Secretary.
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5.
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Owner agrees to cause the holding tank to be inspected at least
annually by an inspector approved by DEP, or by the Township's
Sewage Enforcement Officer. A copy of the report of such inspection
must be forwarded to the Township within 14 days of the inspection,
for retention by the Township. The cost of such inspections, reports
and any and all repairs to, or replacement of, a holding tank(s) shall
be borne by owner. Owner acknowledges and agrees that owner's
holding tank shall be subject to periodic inspection (in addition
to the annual inspection), with or without notice, by the Township's
Sewage Enforcement Officer, and, for this purpose, owner hereby grants
unto said Sewage Enforcement Officer a license to enter upon owner's
above-mentioned property, at any time, for the purposes of such inspection.
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6.
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Owner acknowledges and agrees that owner's failure to maintain
the holding tank in good condition and repair, or to correct a violation
of any term or condition of the present agreement or Act or regulations,
within 10 days of the date of written notice from the Township or
the Township's Sewage Enforcement Officer of any such violation,
shall constitute grounds for the immediate and automatic revocation
by the Township of the owner's permit and subject owner to penalties.
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7.
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Owner acknowledges and agrees that the Township shall have the
right to file a municipal claim or lien against owner's above-mentioned
property in the event that the owner's breach of the terms and
conditions of the present agreement or the Act or regulations causes
or requires the Township to pay for damages or expenses, including
attorney's fees and court costs.
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8.
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The parties hereto acknowledge and agree that all references
to the Township shall, whenever and wherever pertinent, include the
Township's Supervisors, Sewage Enforcement Officer, agents, employees,
and representatives.
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9.
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It is expressly understood and agreed that this agreement or
a memorandum thereof shall be binding upon the property owner, their
heirs, administrators, executors, successors, and assigns, including
the property owner's successors in title to the property, it
being the express understanding of the parties that any and all duties
and obligations of property owner with respect to the operation of
the holding tank set forth in this agreement shall also "run with
the land" and remain the obligation of the property owner's successors
in title. Any obligation incurred by the property owner or any of
the property owner's successors in title to pay any costs incurred
by the Township under the terms of this agreement shall remain the
obligation of the property owner and shall become the obligation of
any successors in title. It shall be the sole responsibility of any
successor in title to determine whether any such obligations are outstanding
prior to transfer of the title.
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10.
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The property owner agrees that any cost incurred by the Township
for inspections, repairs and/or replacement of the holding tank or
parts, or in the removal of effluents in accordance with the terms
of the agreement, shall be recoverable by the Township from the property
owner. In the event the property owner or their heirs, successors,
or assigns shall fail to pay the Township for all such costs and expenses,
then the Township shall have the right to sue the property owner in
a civil action for reimbursements for all costs and expenses incurred,
including legal fees; cause a municipal lien to be filed and placed
against the said property, pursuant to the Pennsylvania Municipal
Lien Law,[1] in an amount equal to the said costs and expenses, including,
but not limited to, legal fees, or implement both remedies as it so
chooses.
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11.
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The property owner, for themselves, their heirs, administrators,
executors, successors and assigns, shall at all times hold the Township
harmless from any claims, suits, legal expenses, or judgements which
may be brought against the Township or against any Township officials
and employees for any adverse conditions indirectly or directly related
to the operation of the holding tank. The Township shall condition
the aforesaid indemnification upon notification of the property owner
within 30 days of the Township's receipt of a claim and/or suit.
The property owner shall have the duty to defend the Township, its
officers and employees against any claim or suit made by any person
who alleges that adverse conditions have been so caused by the system.
In the event the property owner fails to undertake the defense of
the Township as to any such claim and the Township is required to
enter upon its own defense, the Property owner shall reimburse the
Township for any expenses it may incur, including but not limited
to legal fees, engineering fees and expert witness fees, and shall
pay any judgement rendered against the Township as a result of such
a suit. In the event the property owner fails to pay the costs, legal
fees, other expenses or damages as herein provided and the Township
is required to pay same, the Township shall have the right to recover
the monies it has expended by suit against the property owner in a
civil action causing a lien to be placed against the property in an
amount equal to the total costs expended or by implementation of both
remedies as the Township so chooses.
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[1]
Editor's Note: See 53 P.S. § 7101 et seq.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
This article shall become effective five days after its adoption.
