[HISTORY: Adopted by the Board of Supervisors of the Township of Conewago 11-19-2019 by Ord. No. 2019-E. Amendments noted where applicable.]
A. 
The purpose of this chapter is to establish procedures for the use and maintenance of existing and new holding/retaining tanks designed to receive and retain sewage, whether from residential or commercial uses. The enactment of this chapter is necessary for the protection, benefit and preservation of the health, safety, and welfare of the inhabitants of the Township, to provide protection for the water resources of the Commonwealth of Pennsylvania, and to preserve the environment. This chapter is intended to assure compliance with Pennsylvania Department of Environmental Protection (PADEP) regulations, the Clean Streams Law,[1] and the regulations promulgated thereunder, including, but not limited to 25 Pa. Code 73.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
B. 
It is further ordained to be the policy of the Township that holding tanks only be implemented on as temporary a basis as possible. It is the declared policy of the Township that the installation of holding tanks be on an interim basis on those premises which are ultimately to be served by other sewage systems and that said holding tanks be removed upon the installation of the alternative sewage system.
C. 
This chapter shall allow the Supervisors of the Township to maintain an up-to-date and thorough inventory of holding tanks installed throughout the Township, including which properties contain holding tanks, the date of installation, and the permitting, and maintenance and inspection records of the holding tank.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this chapter shall be as follows:
HOLDING/RETAINING 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 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 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 aqatic life or to the use of water for domestic water supply or for recreation. Piped discharges from sinks, showers, toilets, washing machines, water softeners and other related fixtures constitutes sewage.
TOWNSHIP
Conewago Township, Adams County, Pennsylvania.
A. 
The installation and operation of holding tanks within the Township shall hereinafter be governed by the terms of this chapter together with the rules and regulations, which may be adopted, from time to time, by resolution of the Township. This chapter supersedes any other conflicting provisions which may be in effect in regards to holding tanks. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this chapter, the more restrictive shall apply.
B. 
All such rules and regulations adopted by the Township shall be in conformity with the provisions herein, all other ordinances of the Township, and all applicable laws and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.
Upon and after enactment of this chapter, no holding tank shall be installed nor shall any existing holding tank which has not been permitted be utilized or otherwise placed in service by any owner of the premises upon which said holding tank is or is to be located until said owner has obtained a permit from the Township. Application for the permit shall be made upon a form obtained from the Township or provided by the Sewage Enforcement Officer and shall be accompanied by a fee, as designated by the Township's or Sewage Enforement Officer's fee schedule. Such application shall contain the following:
A. 
Name and address of applicant.
B. 
Name and address of the owner of the land on which the existing or proposed holding tank installation is located.
C. 
Site location, including address.
D. 
If new, the timeline for the holding tank installation. If existing, the timeline set to bring the holding tank into conformance with the provisions of this chapter.
The holding/retaining tank system to be designed installed, operated and maintained by the owner upon the improved property shall be in accordance with or exceed the minimum requirements of the Pennsylvania Department of Environmental Protection (PADEP) and any other applicable government agency or authority whether local, county, Township, state or federal. The owner assumes full responsibility for the proper design, construction, installation, operation and maintenance of the holding/retaining tank system. Any modifications to the holding/retaining tank system shall be presented to the Township for review and approval. The owner will inform the Township of any substantial changes in the condition of the holding/retaining tank system. All holding/retaining tanks shall have a minimum capacity of 2,000 gallons. The holding/retaining tank shall be equipped with a warning device (audible and visual signal) to indicate when the tank is filled to within 75% of its capacity. All holding/retaining tanks shall be installed at least 50 feet from any water source.
In determining the adequacy of a permit application, a copy of all plans and applications for any existing or proposed holding tank installation to be considered for approval may be submitted by the Township to any other appropriate agencies and/or individuals (e.g., planning commission, municipal engineer, etc.) for review and comment. If an official or agent of the Township disapproves an application, said official or agent shall notify the applicant, in writing, of the reasons for disapproval.
A. 
The holding tank permit will be granted and use of said holding tank allowed only when one of the following three conditions prevail:
(1) 
When the use of the holding tank is necessary to abate a nuisance or public health hazard as determined by the Township's Sewage Enforcement Officer (SEO) or PADEP; or
(2) 
When the premises for which the permit is sought are utilized or intended to be utilized for commercial purposes and such commercial usage will not result in sewage flow in excess of 800 gallons per day; or
(3) 
Where there exists an official sewage facilities plan which provides for municipal sewage collection or an approved on-lot sewage disposal system for the premises and where the holding tank is intended to serve as an interim solution until the premises become served by the municipal sewage collection system or approved on-lot system.
B. 
However, in all events when the premises served by a holding tank shall become served by a municipal sewage system or an on-lot system, or when the owner is otherwise required to discontinue use or does discontinue use of said holding tank, the owner of said premises shall:
(1) 
Within 60 days of said event, remove all contents from the holding tank vault and discontinue use of the same; and
(2) 
Within 180 days unearth, disconnect and remove all plumbing and piping attached to said holding tank and remove, fill or otherwise render said holding tank unusable for the purpose of the storage of sewage; or
(3) 
As an alternative to the requirements of Subsection B(2), above, the owner may convert said holding tank to another useful purpose upon the written consent of the Township.
A. 
The Township is permitted to inspect the holding/retaining tank system at its discretion. In the event the inspection by the Township indicates that repair and/or replacement of any component part or all of the holding/retaining tank system is required in order to bring the holding/retaining tank system into compliance with PADEP or other applicable governmental requirements or regulations, the owner shall complete such repairs within 30 days of the date the report is issued.
B. 
For new installations, no holding/retaining tanks shall be covered until the Township's SEO has first inspected the system.
The owner of an improved property that utilizes a holding/retaining tank shall:
A. 
Maintain the holding/retaining tank in conformance with this or any ordinance of this Township, the provisions of any applicable law and the rules and regulations of the Township and any administrative agency of the Commonwealth of Pennsylvania.
B. 
Permit the Township or its agent or other agency acting for the Township to inspect holding/retaining tanks on an annual basis or provide a written inspection report annually to the Township when the Township so directs.
C. 
Permit only certified or approved entities to collect, transport and dispose of the contents therein.
D. 
Provide the Township with property owner's current written contract with the owner's certified sewage pumper.
E. 
Provide the Township with receipts indicating property owner's regular and proper pumping of holding/retaining tank. The frequency and interval of the pump out of holding/retaining tank facilities shall be based on the characteristics of the contributing flow (e.g., nature of waste, flow rate, etc.).
F. 
Provide the Township a plan for procedures to be used should the tank malfunction.
Nothing contained herein shall be construed to waive, affect or alter any requirements of the zoning, land development and subdivision or other ordinances of the Township and nothing contained herein empowers any Township officer or employee to waive any requirements of such ordinances. It is expressly understood and agreed that installation of the holding/retaining tank system upon the property does not constitute approval for any land development of the property.
A. 
The collection and transportation of all sewage from any improved property utilizing a holding/retaining tank 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 Township will receive, review and retain pumping receipts from permitted holding/retaining tanks.
Any owner of premises, upon which there is installed a holding tank, who intends to grant, sell, convey, lease, sublease, or otherwise assign or transfer an interest in the premises or another party shall be required to provide the other party advance notice, in writing, of the fact that the premises is served by a holding tank, the condition of said holding tank, and whether said holding tank complies with the provisions of this chapter.
A. 
Enforcement shall be by action brought before a district justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The municipal solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa.R.Crim.P. No. 83(c) (relating to trial in summary cases). The penalty for violation of this chapter shall be not more than $1,000 for each violation and imprisonment to the extent allowed by law for the punishment of summary offenses.
B. 
A violation of this chapter which is found to exist shall constitute a separate offense for each day in which said violation continues to exist.
C. 
The fines, penalties, and other expenses incurred for the violation of this chapter shall be paid to the Township Treasurer.
In addition to any other remedies provided in this chapter, any violation shall constitute a nuisance and shall be abated by the Township by either seeking a mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction, including the Township's reasonable attorney's fees/expert costs.
The Township, upon written notice from the Township Sewage Enforcement Officer that an imminent health hazard exists due to failure of a property owner to maintain, repair or replace a holding/retaining tank as provided under the terms of this chapter, shall have the authority to perform, or contract to have performed, the work required by the Sewage Enforcement Officer. The owner shall be charged for the work performed and, if necessary, a lien shall be entered therefore in accordance with law.
All ordinances or resolutions or parts of ordinances or resolutions, insofar as they are inconsistent herewith, are hereby repealed to the extent of such inconsistency. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive.
The provisions of this chapter are severable. If any sentence, clause, or section of this chapter 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, or sections of this chapter. It is hereby declared to be the intent of the Board of Supervisors of Conewago Township that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, or section not been included herein.