[Ord. No. 1-2025, 5/8/2025]
1. COMMERCIAL USE HOLDING TANK INSTITUTIONAL USE OWNER PERSON RECREATIONAL USE SEWAGE TOWNSHIP
Unless the context clearly and specifically indicates otherwise, the meaning of the terms used in this Part shall be as follows:
Includes any buildings, structures or facilities used solely for commercial, manufacturing, professional service or similar business use and shall include no facility used for residential purposes.
A watertight receptacle, whether permanent or temporary, which receives and retains sewage conveyed by a water carrying system and is designated and constructed to facilitate the ultimate disposal of the sewage at another site.
Includes buildings, structures or facilities such as municipal buildings, fire halls, libraries, museums, grange halls, churches, or other similar kinds of public uses, but shall not use such as schools or hospitals.
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.
Includes any recreational facility such as a Department of Environmental Protection permitted campground, and outdoor public or private recreational areas such as playgrounds, baseball fields, or picnic areas. It shall not include hunting or fishing camps, or seasonal cottages.
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 substances being harmful or inimical to public health, or to animal or aquatic life or to the use of water for domestic water supply or for recreation.
The Township of Canton, Washington County, Pennsylvania.
[Ord. No. 1-2025, 5/8/2025]
1.
Installation of new holding tanks for sewage disposal purposes shall be allowed as follows:
A.
New holding tanks shall no longer be allowed for newly constructed homes located in Suburban Residential (R-S) and Rural Agricultural (A-R) Districts.
B.
New holding tanks shall only be permitted as replacement of currently existing holding tanks for those properties designated as Suburban Residential (R-S) and Rural Agricultural (A-R) Districts only on the specific condition that the property cannot be serviced by an on lot septic system as permitted by the Department of Environmental Protection. Prior to the issuance of a permit for a holding tank replacement for those properties as set forth in this Subsection 1B, the Washington County Sewage Council shall provide the Township with a written statement that the property cannot be serviced by an on-lot septic system as permitted by the Department of Environmental Protection.
C.
New holding tanks shall be permitted for those properties currently designated as Highway Commercial (C-H) and Light Industrial (L-I) Districts only on the specific condition that the property cannot be serviced by an on-lot septic system as permitted by the Department of Environmental Protection. Prior to the issuance of a permit for a holding tank for those properties as set forth in this Subsection 1C, the Washington County Sewage Council shall provide the Township with a written statement that the property cannot be serviced by an on lot septic system as permitted by the Department of Environmental Protection.
D.
New holding tanks shall only be utilized for a maximum period of two years, in this situation an on-lot sewage system is able to be installed on the property in question.
[Ord. No. 1-2025, 5/8/2025]
No existing holding tank may be repaired and replaced within the Township to receive and retain sewage without a permit to repair and/or replace by the Township or its designee pursuant to the rules and regulations set forth herein.
[Ord. No. 1-2025, 5/8/2025]
1.
An application to repair and/or replace for a holding tank permit shall be submitted to the Township Sewage Enforcement Officer and shall include the following information:
A.
Name, address and phone number of applicant, who should be person responsible for use and maintenance of holding tank.
B.
Location and description of property on which the repair and/or replacement of the holding tank is to be used and facilities on property to be served by holding tanks (diagram may be attached).
C.
Owner(s) of property if different from applicant.
D.
Description of existing and proposed uses of property.
E.
Size and description of holding tank including information necessary to determine whether it meets DEP standards.
F.
For repair and/or replacement of holding tanks, a description of disposal arrangements including name and address of person(s) collecting, transporting, and disposing of sewage contents, contacts for disposal services, and disposal site(s).
G.
For repair and/or replacement of holding tanks, an estimate of gallons per day usage and description of means of calculating estimate.
[Ord. No. 1-2025, 5/8/2025]
1.
The application shall be submitted on forms prescribed by the Department of Environmental Protection and the Township. Additional information shall be provided as may be required by the Township and its Sewage Enforcement Officer.
2.
At time of application, an application fee as established by resolution of the Board of Supervisors of the Township from time to time shall be paid to the Township.
3.
Prior to the holding tank agreement being executed, the applicant shall place an escrow of the sum of $4,500 with the Township before the holding tank may be utilized. These escrow amounts may be modified by resolution, by the Board of Supervisors.
[Ord. No. 1-2025, 5/8/2025]
1.
The proposed new, repair and/or replacement holding tank shall be allowed pursuant to this Part and other applicable laws and regulations.
2.
With respect to a permit as issued hereunder for a use with sewage flow restricted to 400 gallons a day or less, it is determined that the average daily sewage flow will not exceed 400 gallons.
3.
With respect to a permit as issued hereunder for a use with sewage flow exceeding 400 gallons a day, it is determined that the use is permitted under the Township's official sewage plan, has received approval of the Department of Environmental Protection as necessary, and is otherwise in compliance with all applicable regulations.
4.
The applicant has made adequate and proper arrangements for the collection and disposal of the sewage.
5.
The proposed use of the holding tank does not create an undue risk of pollution, or harm to the public health and welfare.
6.
The holding tank being installed, repaired and/or replaced meets the requirements of the applicable DEP regulations. A permit may be issued subject to conditions as may be necessary for the protection of watercourses, groundwater, water supplies and environmental, and for protection of the public health, safety and welfare.
[Ord. No. 1-2025, 5/8/2025]
No holding tank for which installation, repair and/or replacement permit has been issued under this Part shall be maintained or used except in conformity with the regulations set forth in this Part and as may be required by other applicable laws or regulations. No holding tank installed for use on the effective date of this Part shall be altered or modified or reused (if use has been abandoned for more than one year), without complying with the regulations set forth in this Part and any other applicable laws and regulations.
[Ord. No. 1-2025, 5/8/2025]
1.
The use, maintenance and disposal of contents of all repaired and/or replaced holding tanks shall conform to the following requirements:
A.
The holding tank shall be maintained and used in accordance with conditions set forth in the permit of all applicable regulations.
B.
Holding tanks shall be equipped with a float alarm set to cause an alarm at a three-quarters full level.
C.
The contents of the holding tank shall be pumped and collected regularly and as necessary to maintain a proper working sewage system and shall be properly transported to a permitted disposal site in accordance with applicable regulations. All holding tanks shall, however, be required to be pumped at least once a period, and owner shall be required to provide written verification to the Township Code Enforcement Office and/or designee of compliance with this requirement.
D.
Pumping receipts shall be remitted to the Township at least monthly.
E.
Information concerning for person(s) collecting, transporting and disposing of sewage contents, contracts for disposal services, and disposal site(s) shall be provided to the Township. Only those persons authorized by the Township shall be permitted to collect, transport, and dispose of sewage contents.
F.
Any changes or modifications to the holding tank or the use served shall be reported to the Township.
G.
Inspection of holding tanks by the Sewage Enforcement Officer shall be permitted as necessary and at least once per year at the expense of persons responsible for use and maintenance.
H.
The Township must be provided with current information about any change in ownership of the property or persons responsible for use and maintenance of the holding tank.
I.
With the exception of holding tanks being used for residential purposes at the time this Part is enacted, in the event the use of the property served by the holding tank changes to or includes a residential use, then installation of an approved sewage disposal system which meets applicable standards and regulations shall be required and the use of the holding tank shall cease.
[Ord. No. 1-2025, 5/8/2025]
1.
The holding tank shall at all times be properly maintained and kept in good working condition, and so that, among other things, leaks and spills are avoided and so that a nuisance or health hazard is not created. Holding tanks must be pumped at least once yearly, and owner shall be required to provide written verification to the Township Code Enforcement Officer and/or designee of compliance with this requirement.
2.
Leaks, spills and malfunctions shall be reported to the Township immediately and corrective action shall be taken in accordance with applicable DEP regulations.
3.
The Sewage Enforcement Officer shall be permitted to inspect holding tanks at any reasonable time for proper operation, maintenance and content disposal.
[Ord. No. 1-2025, 5/8/2025]
The owner of the property on which a holding tank is being used and maintained shall be responsible, along with the person in possession or in control of the operation and maintenance of the holding tank, for compliance with the regulations relating to holding tank, maintenance and contents for disposal.
[Ord. No. 1-2025, 5/8/2025]
1.
The Sewage Enforcement Officer (SEO) shall:
A.
Review holding tank applications and issue permits as appropriate.
B.
Impose conditions on permits as necessary and appropriate.
C.
Inspect holding tanks as appropriate and otherwise required to determine compliance with applicable regulations.
D.
Provide the Township with written reports regarding inspections.
[Ord. No. 1-2025, 5/8/2025]
1.
The Township Secretary or such other person as the Board of Supervisors may designate shall:
A.
Maintain records regarding the holding tanks permitted, their location, persons owning the property on which they are located, persons otherwise designated as persons responsible for their use and maintenance, and the use for which permitted.
B.
Maintain records regarding the persons collecting, transporting and disposing for each permitted holding tank and disposal sites used.
C.
Review and maintain the pumping receipts from each permitted holding tank.
D.
Maintain SEO investigation reports for each permitted holding tank.
E.
Maintain records of complaints and report the same to the SEO for inspection.
F.
Maintain a current list of persons permitted to collect, transport and dispose of sewage from holding tanks.
[Ord. No. 1-2025, 5/8/2025]
This Part shall not apply to potable water that is collected in any type of container: vessel etc.; cisterns, run-off reservoirs; propane and septage.
[Ord. No. 1-2025, 5/8/2025]
1.
The holding tank permit may be revoked by the Sewage Enforcement Officer or Township.
2.
Upon conviction of a violation of this Part, in a summary proceeding before a District Justice, a person may be sentenced to pay a fine of not less than $100 and not more than $1,000 and upon failure to pay the fine, to be imprisoned for a period of not in excess of 30 days. Each day violations continue shall constitute a separate violation.
3.
Any other remedy allowed at law including equitable or legal injunctive relief in a court of competent jurisdiction, including an action to abate a nuisance, and such other penalties as authorized by the Second Class Township Code or Act 537, both as amended.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq. and 35 P.S. 750.1 et seq., respectively.