The purpose of this article is to establish procedures for the use and maintenance of holding tanks designed to receive and retain sewage whether from residential or commercial uses, and it is hereby declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of the Township.
[Adopted 12-16-1991 by Ord. No. 6-91]
Unless the context specifically and clearly indicates otherwise, the meanings of terms used in this article shall be as follows:
A watertight receptacle, whether permanent or temporary, to which sewage is conveyed by a water-carrying system, which receives and retains sewage, and which is designed and constructed to facilitate the ultimate disposal of the 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 or animals 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 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, or which constitutes pollution under the Clean Streams Law.[1]
The Township of Colebrookdale, Berks County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
Holding tanks shall, subject to the regulations of and approval of the Pennsylvania Department of Environmental Protection, be permitted in Colebrookdale Township only as provided and in accordance with the provisions of this article.
Holding tanks may be permitted, based upon application to and a permit granted by the Colebrookdale Township Sewage Enforcement Officer, only in the following situations:
A.
Residential.
(1)
Holding tanks may be permitted in the case of existing residential housing as a temporary solution to a malfunctioning septic system which, due to such malfunction, constitutes, in the judgment of the Sewage Enforcement Officer, a threat to the health, safety, or welfare of the residents of the Township.
(2)
Holding tanks may be permitted in the case of existing residential housing as a temporary or permanent solution in the case of an existing subsurface septic system which is substandard in accordance with then-current rules and regulations governing on-site sewage disposal if, but only if, the soil conditions, lot size, lot location, or lot configuration do not permit construction of a new on-site septic system and if the amount of waste generated on-site per day is less than 400 gallons.
(3)
In no event shall holding tanks be permitted as a means of on-site sewage collection in the case of new residential construction.
B.
Commercial and industrial. Holding tanks may be permitted in the case of a commercial or industrial use of property as a temporary or permanent means of on-site sewage disposal if, but only if, the soil conditions, lot size, lot location, or lot configuration do not permit construction of an on-site septic system and if the amount of waste generated on-site per day is less than 400 gallons.
The Township may enact such rules and regulations as it deems necessary to effect the purposes of this article. 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.
The Township, its agents, servants, or employees as may be designated by the Board of Commissioners, shall have the right and power to establish the time and manner of inspections of the holding tanks. Each such tank shall be inspected on at least one occasion after it is installed. Thereafter, the property owner shall provide the Township with evidence that the holding tank has been inspected by a lawfully operating maintenance agency on an annual basis. In the event of noncompliance with the terms of this article, including but not limited to evidence of leakage, seepage, or escape of any materials from the holding tank or failure to provide the Township with full and complete evidence of annual inspection of, and/or regular pumping receipts for, the holding tank, said holding tank shall be subject to inspection by the Township, its agents, servants, or employees at such time and for such period as the Township may determine necessary in the interest of the protection, benefit and preservation of the health, safety, and welfare of the inhabitants of the Township.
The Township shall have the right and power by resolution to fix, alter, charge and collect charges for permits to install holding tanks and for the periodic inspection and/or testing of the same.
A.
The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely by or under the direction of the Sewage Enforcement Officer, 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 shall receive, review and retain pumping receipts from permitted holding tanks.
C.
The Township shall complete and retain annual inspection reports for each permitted holding tank.
The owner of an improved property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this article 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 only the Township or its designated agents, or a lawfully operating maintenance agency to inspect holding tanks.
C.
Permit only persons approved by the Township or its agent to collect, transport, and dispose of the contents of the holding tank. A list of approved persons shall be made available by the Township.
D.
As a condition of the issuance of a permit for a holding tank pursuant to the provisions of this article, the owner shall establish an escrow account to be held by the Township in the amount of $1,000. The Township may use the funds held in said escrow account to correct any maintenance, service, or pumping deficiency regarding the holding tank which the owner fails to perform as required by the terms of this article. In the event the sum of money held in escrow by the Township is depleted below $1,000, the owner shall, within 30 days of demand by the Township, deposit with the Township sufficient funds to restore the account balance to $1,000.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. If the penalty is not paid, the Township shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Township may enforce this article in equity in the Court of Common Pleas of Berks County.
In addition to any other remedies provided in this article, any violation of § 434-9 above shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
All ordinances or resolutions or parts of ordinances or resolutions, insofar as they are inconsistent herewith, be and the same are hereby repealed.
If any sentence, clause, section or part of this article 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, sections, or parts of this article. It is hereby declared as the intent of the Board of Commissioners of the Township that this article would have been adopted had such constitutional, illegal or invalid sentence, clause, section or part thereof not been included therein.
This article shall become effective on the 16th day of December, 1991.