[Adopted 11-1-1984 by Ord. No. 118]
The purpose of this article is to provide for and regulate the
use, maintenance and removal of holding tanks to prevent the residents
and inhabitants of the Township of Charleston from danger and harm
due to inadequate or malfunctioning on-site septic systems; to permit
the development of lands with the use of holding tanks under carefully
controlled and regulated circumstances; to regulate the use and maintenance
of holding tanks in conformity with the laws, statutes, and regulations
of the Commonwealth of Pennsylvania and the Department of Environmental
Protection; and to provide a temporary alternative to discontinuing
otherwise lawful land use by the inhabitants and residents of the
Township of Charleston.
As used in this article, the following terms shall have the
meanings indicated:
The Pennsylvania Sewage Facilities Act, 35 P.S. §§ 750.1,
750.20, as from time to time amended.
The Board of Supervisors of the Township.
The Pennsylvania Department of Environmental Protection or
its successor state agency.
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 receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. The term shall include:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank to which sewage is conveyed by a water-carrying system.
A municipality, county, municipal authority or person, natural
or a legal entity, including the holding tank owner, who removes the
contents of a holding tank for the purpose of disposing of the sewage
at another site.
The natural person or persons, partnership, corporation or
legally existing organization who owns legal and equitable title to
the land for which a holding tank permit is sought or issued.
A parcel of land under single ownership regardless of acreage.
In the event the subject lands are a portion of a larger parcel of
ground, the larger parcel of ground shall be considered as the lot.
The duly appointed Sewage Enforcement Officer of the Township.
The regulations of the Pennsylvania Department of Environmental
Protection, 25 Pa. Code, Subpart C, Chapters 71 and 73, as amended,
and all future regulations of the Department pertaining to holding
tanks.
Any substance that contains any of the waste products, 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 Clean Streams Law.[1]
The Township of Charleston, Tioga County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
Holding tanks may be used subject to the provisions of this
article to serve as temporary sewage disposal from existing structures
within the Township of Charleston, where on-lot sewage disposal facilities
are not feasible due to unsuitability of soils; for a temporary 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 temporarily serve for
sewage disposal for new construction in any area of the Township for
which a revision to the Township's Official Sewage Facilities Plan
has been approved by the Department.
A.
Any landowner seeking to use a holding tank for sewage disposal on
any lot situated in the Township shall, after receipt of municipal
and Department official sewage facilities plan approval, obtain a
permit from the municipal Sewage Enforcement Officer.
B.
Permit application shall be made upon a form to be supplied by the
Township Secretary to any landowner upon such landowner's request.
C.
The landowner shall file the completed and executed application for
permit with the Township Secretary, and shall pay to the Secretary
such application fees as the Board may from time to time prescribe
by resolution.
D.
The landowner shall cooperate with the Township's officer at all
stages of the application process.
E.
A permit shall be issued to the landowner upon proper application
after the Board has amended its Official Sewage Facilities Plan and
after approval by the Department.
F.
Prior to grant of permit, the landowner shall obtain and file with
the Township Secretary a certified copy of each of the following documents:
(1)
A completed application;
(2)
A written contract between the landowner and a qualified and responsible
holding tank cleaner for the term of the holding tank permit which
contract shall provide for the timely and regular removal of the contents
of the holding tank by the holding tank cleaner, and for the removal
of the said contents to an approved disposal site for final disposition;
(3)
A certified copy of a written contract between the holding tank cleaner
and the disposal site providing the holding tank cleaner with the
right to dispose of the holding tank contents;
(4)
Fees as established by resolution of the Board; and
(5)
An agreement to reimburse and indemnify the Township for any liability,
costs and expenses which shall or may be incurred by the Township
in actions to enforce compliance by the landowner, or to remove the
contents of the holding tank or the holding tank upon default or failure
of the landowner to perform, or for any fines incurred by the Township
by reason of the landowner's failure to comply with this article,
any properly enacted amendment hereto or the laws and regulations
of the Commonwealth of Pennsylvania. The agreement shall be in the
form required by the Board.
A.
In the event a holding tank permit has been issued for new construction
pending the installation of an off-site sewage disposal system, the
landowner shall remove or cause the removal of the holding tank within
20 days after the use of the off-site sewage disposal system is made
available to the landowner, and shall connect with the off-site disposal
system in the same time.
B.
Township, at its election, shall have the right to enter upon the
premises of a landowner for the purpose of removing or causing the
removal of any holding tank which remains in place in violation of
this article. "Township" as used herein shall mean the Township, its
employees or third parties contracted by the Township for the purpose
of removing the holding tank. All costs and expenses of removal shall
be borne by the landowner.
A.
Any holding tank installed or maintained pursuant to a permit issued
under this article shall comply, in all respects, to the specification
set forth in regulations of the Department, 25 Pa. Code Chapter 73,
inclusive.
B.
The landowner shall cause the holding tank and all lines, pipes or
conduits to the same to be maintained in a good watertight condition
at all times.
C.
All holding tanks shall be installed on a firm and stable soil or
subsoil and in such manner as to prevent settlement or movement.
D.
No holding tank or lines to the holding tank shall be covered until
the Township's Officer shall have first inspected and approved the
installation and authorized covering the same. The landowner shall
be responsible for furnishing the Officer reasonable notice of the
installation.
E.
The landowner shall cause a holding tank to be cleaned as frequently
as may be required to maintain the contents at a level less than 75%
of the tank capacity.
F.
Holding tanks shall be installed at least 50 feet downgrade from
any source of water supply.
A.
Any landowner who applies for and receives a permit for holding tanks
shall be deemed to have granted his consent for annual inspections
of the holding tank and facilities used in connection with the holding
tank by Sewage Enforcement Officer of the Township. At reasonable
times during the hours of 8:00 a.m. until 8:00 p.m., the landowner
would grant the Sewage Enforcement Officer access to the premises
for the purpose of making such inspections upon request of the Sewage
Enforcement Officer verbally or in writing.
B.
Any landowner receiving a holding tank permit shall furnish to the
Township a true and corrected copy of all pumping receipts for cleaning
or removing the contents of the holding tanks. Such reports shall
be made to the Township's Secretary within 10 days after the contents
of the holding tank are pumped out.
C.
The failure of a landowner to permit inspection of holding tanks
or equipment of facilities used in connection with the holding tanks,
or the failure of the landowner to have the holding tanks properly
maintained and pumped out, or the failure of the landowner to furnish
pumping receipts to the Township in a timely fashion shall be grounds
for immediate revocation of permit.
A.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Where the violation continues from day to day, and the landowner
fails to correct or cease such violation, each day's continuance shall
constitute a separate violation.
This article shall be and become effective after enactment,
when approved in writing by the Department.
