[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:
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.
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.
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 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.
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
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.
