[HISTORY: Adopted by the Board of Supervisors of the Township of Moore as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-17-1992 by Ord. No. 1992-2]
A. 
Purpose. The purpose of this article is to promote the health and safety of the residents and citizens of Moore Township by regulating and restricting utilization of centralized sewage facilities and providing for long-term operation and maintenance of centralized sewage facilities that are permitted.
B. 
Objectives. The objectives of this article are to provide for a healthy and safe environment and to provide for adequate long-term maintenance and operation of centralized sewage facilities.
A. 
The words and terms used in this article shall have the meanings as defined by Chapter 71 of the Pennsylvania Department of Environmental Protection Regulations,[1] unless the context clearly indicates otherwise.
[1]
Editor's Note: See 25 Pa. Code Ch. 71.
B. 
As used in this article, the following terms shall have the meanings indicated:
CENTRALIZED SEWAGE FACILITIES
A public utility system or other system designed to collect, centrally treat and dispose of sewage from users in compliance with regulations of the appropriate state agency and of the Township. Any system which is not a centralized sewage disposal system shall be deemed an on-lot system. A centralized sewage disposal system shall also include a community on-lot disposal system, as defined by the Department of Environmental Protection.
A. 
Types of centralized sewage facilities permitted in the Township.
(1) 
Publicly owned centralized sewage facilities shall be allowed in the Township if owned and maintained by Moore Township, any authority established by Moore Township, any municipality adjoining Moore Township, or authority duly established within that community or the County of Northampton or any authority of the County of Northampton, with a minimum service district and operating base of 200 dwelling units or 200 equivalent dwelling units. Such public centralized sewage system shall be allowed to serve both residential and/or nonresidential development.
(2) 
Privately owned centralized sewage systems for providing sewage service to nonresidential development and/or mobile home parks.
(3) 
Individual on-lot sewer systems. An individual on-lot sewer system may be permitted for providing service to a single-family dwelling unit and/or a nonresidential development.
B. 
Minimum standards of design. All sanitary sewage systems must be designed and operated in accordance with the Department of Environmental Protection rates, rules and regulations and any ordinances, resolutions or regulations adopted by Moore Township or an authority of Moore Township.
A. 
Any person, corporation or entity who shall be found to be violating this article or found to be not operating their centralized sewage system in a manner approved by the Department of Environmental Protection or shall be found to be violating the provisions of any operating and maintenance agreement that may at some time be established between the system operator and the Township, or who resists or interferes with any officer, agent or employee of the Township in administering 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B. 
The above-listed penalties and/or fines shall be imposed in addition to the requirement to abate any violation of this article.
C. 
The Township may, in addition, institute proceedings in any court of equity, having jurisdiction, to abate any violation of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The provisions of this article are severable, and if any provision or application is held illegal, unconstitutional or invalid, such holding shall not affect the remaining provisions. It is the legislative intent of Board that this article would have been adopted if such illegal provision had not been included or any illegal application had not been made.
General. Any ordinance or part of ordinance conflicting with the provisions of this article be and the same is hereby repealed so far as the same affects this article.
[Adopted 7-2-1996 by Ord. No. 1996-8]
This article shall be known as the "Moore Township Holding Tank Ordinance."
This article is authorized by the Pennsylvania Clean Streams Law, Act of 1937, June 22, P.L. 1987, as amended, 35 P.S. § 691.1 et seq.; the Pennsylvania Sewage Facilities Act, Act of 1966, January 24, P.L. (1965) 1535, as amended, 35 P.S. § 750.1 et seq.; and by the applicable regulations of the Department of Environmental Protection, including, specifically, 25 Pa. Code § 71.63.
The purpose of this article is to provide for the installation, maintenance, and removal of holding tanks; and to provide a means of assuring that proper security is provided to enable the Township of Moore to properly remove such tanks should the owner thereof default on his responsibilities; and to establish penalties for violations of said article.
When used in this article, the following words shall have the meanings ascribed to them herein.
ACT 537
The act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq., also known as the "Pennsylvania Sewage Facilities Act."
BOARD
The Board of Supervisors of Moore Township, Northampton County, Pennsylvania.
DEP
The Department of Environmental Protection of the Commonwealth of Pennsylvania.
[Amended 8-3-2010 by Ord. No. 2010-2]
HOLDING TANK
A tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
OFFICIAL SEWAGE FACILITY PLAN
The Moore Township Act 537 Sewage Facilities Plan as approved by the DEP.
PERSON
Any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, department, board, bureau, or agency of the commonwealth or other political subdivision, municipality, district, authority, or any other legal entity whatsoever recognized by law. Whenever used in any clause prescribing or imposing a penalty or imposing a fine or imprisonment, the term "person" shall include the members of an association, partnership or firm and the officers of any local agency or municipality, or public or private corporation, whether for profit or not for profit.
RETAINING TANK
A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site.
SEWAGE
A substance that contains the waste products or excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances 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, or which constitutes pollution under the Pennsylvania Clean Streams Law.
SEWAGE ENFORCEMENT OFFICER (SEO)
The official of Moore Township who issues permits, reviews permit applications and sewage facilities planning modules, and conducts investigations and inspections necessary to implement the Sewage Facilities Act and the regulations thereunder.
[Amended 8-3-2010 by Ord. No. 2010-2]
The provisions of this article shall apply to all persons or corporate entities owning real property within Moore Township, which property is serviced by a holding tank. Modifications to holding tanks which are properly functioning at the time this article becomes effective are not necessary. However, the provisions of this article shall apply, in total, to all property owners within Moore Township who are installing, repairing, altering, or removing a holding tank, existing or new, at the time this article went into effect.
[Amended 8-3-2010 by Ord. No. 2010-2]
Permits may be issued for holding tanks of institutional, recreational, or commercial establishments which have a sewage flow of 800 gallons per day or less, or for the repair of an existing holding tank in order to abate a health hazard and/or public nuisance. Holding tanks shall be prohibited for any new residential use.
All permits issued shall meet the following requirements:
A. 
No person shall install, construct, or alter a holding tank system without first obtaining a permit indicating that the site and the plans and specifications of such system are in compliance with the provisions and standards adopted pursuant to Act 537.
B. 
No holding tank shall be covered from view until approval to cover the same has been given by the SEO. If 72 hours has elapsed, excepting Sundays and holidays, since the SEO issuing the permit received notification of completion of construction, the applicant may cover said system or structure unless permission has been specifically refused by the SEO.
C. 
The Board may require applicants for holding tank permits to notify the Township's SEO of the schedule for construction of the holding tank so that inspections in addition to the final inspection required by Act 537 may be scheduled and performed by the SEO.
D. 
No zoning permit, building permit, or occupancy permit shall be issued by Moore Township or its designated Zoning Officer for a building which will contain a holding tank until a valid permit under this article and Act 537 has been obtained from the SEO.
E. 
No zoning, building, or occupancy permit shall be issued and no work shall begin on any alteration or conversion of any existing structure if served by a holding tank if said alteration or conversion will result in an increase or potential increase in sewage flows from the structure until the structure's owner receives from the SEO either a permit for alteration or replacement of the existing holding tank or written notification that such a permit will not be required. The SEO shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
F. 
No building or occupancy permit shall be issued for any structure to be served by a holding tank until the owner of said structure has entered into an agreement and provided the security required under this article.
G. 
A permit for a holding tank may be issued only when the SEO has certified that an existing system has failed and that the site is unsuitable for any replacement system so that a holding tank is necessary to remedy the existing system failure, or in the alternative that the Board allows such system on the basis that the area where the holding tank will be installed will be connected to a community sewage system within one year of the installation of the holding tank so that said holding tank will be for a temporary measure only.
The SEO shall have the right to conduct inspections of holding tanks as follows:
A. 
The SEO shall conduct, at a minimum, an annual inspection of each holding tank within the Township and prepare a written inspection report; one copy of which shall be delivered to the owner of the property and one copy shall be retained by the SEO.
B. 
In addition to required yearly inspections, any holding tank may be inspected by the SEO at any reasonable time.
C. 
All inspections may include a physical tour of the property, the taking of samples from surface water, wells, other groundwater sources, the sampling of the contents of the holding tank itself and/or the introduction of a traceable substance into the interior plumbing of the structure served to ascertain the path and ultimate destination of wastewater generated in the structure.
D. 
The SEO shall the right to enter upon all land for the purpose of inspections described above.
Only normal domestic wastes shall be discharged into any holding tank. The following shall not be discharged into a holding tank system.
A. 
Industrial waste.
B. 
Automobile oil and/or other nondomestic oil.
C. 
Toxic and/or hazardous substances and/or chemicals, including but not limited to, pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and/or other solvents.
D. 
Surface water or groundwater, including water from roof and/or cellar drains, springs, basement sump pumps and/or french drains.
Every owner of a lot with a holding tank shall have the following duties of maintenance:
A. 
Any person owning a lot served by a holding tank shall have said holding tank pumped by a qualified pumper/hauler at least once every year. The person must submit documentation to the Township SEO illustrating that the holding tank has been pumped according to this requirement.
B. 
This required pumping frequency may be increased at the discretion of the SEO based upon the officer's inspection of the holding tank.
C. 
Any person owning property served by a holding tank shall submit, with each required pumping receipt, a written statement, from the pumper/hauler or from any other qualified individual acceptable to the Township that the tank has been found to be in good working order. Any person whose tank has been determined to require repair or replacement shall first contact the SEO for approval of the necessary repair.
D. 
In the event that the person who is the property owner of any property containing a holding tank has failed to submit the above required receipts to the SEO evidencing that the tank has been pumped on an annual basis, the Township shall have the ability to have the tank pumped by a licensed pumper/hauler with the cost to be billed to the person owning the property upon which the tank is installed. In the event that said person refuses to pay said bill, the Township may draw upon the security provided under this article to pay for said pumping.
A. 
No person shall operate a holding tank system and no building, zoning or occupancy permit shall be issued for the occupancy of any structure if said structure will be served by a holding tank system until said person has posted security as required under this article.
B. 
Said security shall consist of an irrevocable letter of credit or cash deposit which will be held in escrow (hereinafter "security"), in an amount sufficient to cover the estimated maintenance and/or pumping costs of a holding tank for up to a five-year period of time and also sufficient to cover the estimated removal cost of said holding tank as may be determined necessary by the Township SEO. Said security, if a letter of credit, must be issued by a bank authorized to do business in the Commonwealth of Pennsylvania and shall be in a form acceptable to the Township Solicitor. Notwithstanding anything to the contrary herein, under no circumstances shall the security be less than $2,000. The minimum amount of security referenced herein may be increased or amended or set from time to time by the Board of Supervisors by resolution.
[Amended 1-4-1997 by Ord. No. 1997-1; 8-3-2010 by Ord. No. 2010-2]
C. 
The said security shall also consist of a holding tank maintenance agreement to be entered into by the person owning and/or installing said tank, Moore Township and, in the event that a letter of credit is issued, the financial institution providing the letter of credit referred to in Subsection B above. Said agreement shall be prepared by the Township Solicitor.
[Amended 1-4-1997 by Ord. No. 1997-1]
D. 
Said agreement shall permit the Township to draw upon said letter of credit or escrow account in order to undertake required maintenance which the owner of the holding tank has not undertaken, including pumping the holding tank, other maintenance and/or repairs, and the removal of said holding tank.
[Amended 1-4-1997 by Ord. No. 1997-1]
A. 
No person shall operate and maintain a holding tank in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry wastes and water softener backwash, shall be discharged into a tank. No holding tanks shall discharge untreated or partially treated sewage to the surface of the ground or into the waters of the commonwealth unless a permit to discharge has been obtained from DEP.
B. 
The Township may issue a written notice of violation to any person who is the owner of property in the Township which is found to be served by a malfunctioning holding tank or which is discharging raw or partially treated sewage without a permit.
C. 
Within seven days of notification by the Township that a malfunction has been identified, the property owner shall make application to the SEO for a permit to repair or replace the malfunctioning tank. Within 30 days of issuance of the permit, construction of the permitted repair or replacement shall commence. Within 60 days of the issuance of a permit by the Township, the construction shall be completed unless the Township shall extend the period.
D. 
Failure to apply for a permit or to complete the repair or replacement within the times specified in § 221-19C shall constitute a violation of this article.
E. 
The Township's SEO shall have the authority to require the repair of any malfunction by the following methods: cleaning, repair or replacement of components of the existing system, adding capacity or otherwise altering or replacing the system's treatment tank, or other alternatives as appropriate for the specific site.
F. 
In lieu of, or in combination with, the remedies described in § 221-19E above, the SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water-using devices and appliances in the structure may be required to be retrofitted with water-saving appurtenances or they may be required to be replaced by water-conserving devices and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served.
G. 
In the event that the rehabilitation measures in § 221-19A through F are not feasible or do not prove effective, the Township may require the owner to apply to DEP for a permit to install a single-residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 60 days.
H. 
Should none of the remedies described above prove totally effective in eliminating the malfunction of any existing holding tank, the property owner is not absolved of responsibility for that malfunction. The Township may require whatever action is necessary to lessen or mitigate the malfunction to the extent that such is necessary.
I. 
Failure of the landowner to take the actions required in § 221-19 relating to malfunctioning systems shall constitute a public nuisance and a violation of this article, as well as a violation Chapter 180, Nuisances.
J. 
Should the remedies provided above not prove effective in eliminating the malfunction of any existing holding tank, the Township shall have the remedy of requiring the property owner to remove said system. Should the property owner refuse to remove said system, then the Township shall have the ability to accomplish the removal drawing upon the funds provided under the security agreement entered into between the property owner and the Township.
The Board of Supervisors shall establish by resolution a Schedule of Fees. Costs for the completion of required water quality testing and Township SEO inspections shall be assessed to the property owner. It shall be each individual property owner's responsibility to contract with a qualified pumper/hauler for the pumping of the owner's septic tank.
Where a property owner or other person fails to maintain, repair or replace a holding tank system after notice pursuant to the terms of this article, such failure shall constitute a public nuisance and a violation of this article. The Township may abate the nuisance by performing the work needed or by contracting to perform the work needed to abate the nuisance, and may charge the landowner or other responsible person for the cost thereof plus a penalty of 20%. Said cost plus penalty may be collected by civil action or by the filing of a lien according to law. Such costs, plus penalty, may also be drawn from the irrevocable letter of credit provided for in this article.
The contents of holding tanks shall be disposed of as follows:
A. 
The contents of all holding tanks originating within the Township shall be disposed of at sites or facilities approved and permitted by DEP. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farmlands.
B. 
Pumpers/haulers operating within the Township shall operate in a manner consistent with the provisions of the Act of July 28, 1988, P.L. 556, No. 101, as amended, 53 P.S. § 4000.101 et seq., known as the "Municipal Waste Planning, Recycling and Waste Reduction Act."
The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article.
Any person aggrieved by any notice, action, or determination may appeal to the Board within 30 days in writing pursuant to the Act of 1978, April 28, P.L. 202, No. 53, as amended, 2 Pa.C.S.A. §§ 105 and 551 et seq., known as the "Local Agency Law."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Any person, firm or corporation violating any provision of this article, or who fails to act in compliance with this article, shall be subject to the summary offense penalties of 35 P.S. § 750.13 and, in addition thereto, may be subject to the civil penalties of 35 P.S. § 750.13a.
A. 
Each day of violation or continuing violation shall constitute a separate offense.
B. 
Failure to appeal a notice or determination pursuant to § 221-24 and the Local Agency Law shall constitute an admission of the violation and a failure to utilize administrative remedies.
C. 
This article constitutes an ordinance enacted for the purposes of property maintenance, public health and safety, and for water and air pollution violations, for the purposes of Section 702, Clause XLI, of the Second Class Township Code, as amended, 53 P.S.§ 66601.
D. 
In addition to all other remedies, the Township may institute suits in equity to restrain or prevent violations of this article, or to abate public nuisances.
E. 
The Township may file Township liens for abatement of nuisances in accordance with law.
All ordinances and parts of ordinances heretofore adopted to the extent that the same are inconsistent in any manner herewith are repealed.