[Ord. 95, 3/21/1988]
The purpose of this Part is to establish procedures for the
use and maintenance of holding tanks designed to receive and retain
sewage from certain residential, commercial and industrial uses where
connection to sanitary sewers is imminent, and it is hereby declared
that the enactment of this Part is necessary for the protection, benefit
and preservation of the health, safety and welfare of the residents
of the Township.
[Ord. 95, 3/21/1988]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
Any use permitted within any Commercial District, as those
terms are defined in the Zoning Chapter herein.
Any person or entity making application under this Part.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include, but are not limited
to the following:
CHEMICAL TOILET.
A toilet using chemicals that discharge to a holding tank.
RETENTION TANK.
A holding tank where sewage is conveyed to it by a water
carrying system.
VAULT PIT PRIVY.
A holding tank designed to receive sewage where water under
pressure is not available.
Any use permitted with any Industrial District, as those
terms are defined in the Zoning Chapter herein.
Any use permitted within any Residential District, as those
terms are defined in the Zoning Chapter herein.
Any and all collector sewers, connecting sewers, interceptors,
pumping stations, force mains, lateral connections (extending two
feet within lot lines), and other appurtenances used in the collection
or conveyance of sewage.
Any substance that contains any of the waste products of
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 aquatic life or to the use of
water for domestic water supply or for recreation.
The Township of Smithfield or any municipal authority formed
by the Township of Smithfield to enforce this Part and other ordinances
relating to the collection and treatment of sewage within the Township.
[Ord. 95, 3/21/1988]
The Township shall issue a holding tank permit whenever a developer
shall meet all of the requirements of this Part.
[Ord. 95, 3/21/1988]
The Supervisors are hereby authorized and empowered to adopt
by resolution such rules and regulations concerning the issuance of
holding tank permits as they may deem necessary from time to time
to effect the purposes herein.
[Ord. 95, 3/21/1988]
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 regulations of the relevant
departments and administrative agencies of the Commonwealth of Pennsylvania.
[Ord. 95, 3/21/1988]
The collection and transportation of all sewage from any residential,
commercial or industrial use utilizing a holding tank shall be performed
under the direction and control of the Township, and the disposal
thereof shall be made only at such site or sites as may be approved
by the relevant municipal, county and State departments or agencies.
[Ord. 95, 3/21/1988]
Before a holding tank may be installed to service a residential,
commercial or industrial use, the developer shall:
1.
File with the Township evidence that developer has reserved adequate sewage treatment capacity in an existing sanitary sewer system or planned sanitary sewer system which is scheduled to be completed within two years of the date of developer's application, as those terms are defined in Chapter 18, Part 2.
2.
File with
the Township a copy of a written contract between the developer and
a contractor covering the periodic removal of sewage from the holding
tank for the period during which the holding tank shall be used.
3.
Submit
to the Township Engineer plans for the construction and subsequent
removal of the holding tank, together with information on size, location,
or any other matter that the Township Engineer may reasonably require
in order to complete his review. The Township Engineer shall have
60 days to approve or disapprove of the plans submitted for review.
If the plans are disapproved, the Engineer shall specifically state
in writing the nature of all deficiencies. The developer may resubmit
the plans with the required changes for approval. The Engineer shall
then have 30 days to approve or disapprove the plans as modified.
If the plans are again disapproved, the process shall be repeated
until the plans are withdrawn or receive final approval, which shall
be a prerequisite to the granting of a holding tank permit. If the
Engineer shall not respond to any submission or resubmission within
the time prescribed herein, then such submission shall be deemed approved.
4.
Enter into an escrow agreement with the Township and escrow funds equal to the total cost to construct and service the holding tank (in accordance with the contract required by § 18-307, Subsection 2, increased by a contingency factor of 10% and also increased by the cost of the Township Engineer's plan review, construction inspection and final inspection. Said escrow agreement shall be in a form acceptable to the Township and its Solicitor.
5.
Pay a
fee to the Township for the holding tank permit in accordance with
the schedule of fees adopted by the Township and comply with such
other rules and regulations as shall be promulgated by the Township
from time to time.
6.
Execute
an agreement to hold the Township harmless in the event of a claim
against the Township arising from the operation of the holding tank.
[Ord. 95, 3/21/1988]
The developer of any property that utilizes a holding tank shall:
1.
Maintain
the holding tank is conformity with this Part or any ordinance of
this Township, the provisions of any applicable law, and the rules
and regulations of the Township and of any relevant department or
administrative agency of the Commonwealth of Pennsylvania.
2.
Permit
only persons authorized by the Township to collect, transport, and
dispose of the sewage held in the holding tank.
[Ord. 95, 3/21/1988; as amended by Ord. 128, 4/26/1994; and by Ord. 141, 4/28/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 95, 3/21/1988]
Whenever sanitary sewers become available for use by a property
serviced by a holding tank, such holding tank shall be disconnected
and disposed of in accordance with the Township holding tank permit,
and proper connection made to the sanitary sewer within 90 days after
notice to make connection. The Township's failure to give such notice
shall not act as a waiver of developer's obligations under this Section,
which obligations shall be fulfilled within 90 days of developer knowing
or having reason to know that connection to a sanitary sewer is possible.
[Ord. 95, 3/21/1988]
In addition to any other remedies provided in this Part, any
violation of this Part shall constitute a nuisance and may be abated
by the Township by either seeking appropriate equitable or legal relief
from a court of competent jurisdiction.
