This article shall be known and may be cited as the "Elizabeth Township On-Lot Sewage Disposal System Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Elizabeth as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-12-1994 by Ord. No. 1994-1]
A.
The Board of Supervisors recognizes that individual on-lot sewage disposal systems constitute a valid and approved manner of conserving the quality of the water and other natural resources of the Township through proper treatment of wastes generated by development within the Township. The use of individual on-lot sewage systems must be regulated in accordance with the regulations promulgated by the Department of Environmental Protection which pertain to the location and permitted types of on-lot sewage disposal systems. In addition, the Township has determined that should the on-lot sewage system installed by a landowner fail, the water quality and other natural resources of the Township may be polluted.
B.
It is especially of concern to the Board that such pollution may occur when a system fails and there is no suitable area on the lot for the installation of a replacement system. Therefore, in order to protect the water quality and other natural resources of the Township, thereby protecting the health and welfare of residents and visitors, the Board of Supervisors desires to require that all landowners provide and set aside areas for the installation of replacement individual on-lot sewage disposal systems.
C.
It is the further intent of the Board of Supervisors to ensure that on-lot sewage disposal systems are properly maintained. Failure to maintain on-lot sewage disposal systems results in malfunctions which in turn result in the pollution of the water quality and other natural resources of the Township. On-lot sewage disposal systems should be pumped out on a regular basis, and it is the responsibility of all landowners to ensure such maintenance is performed. In order to determine that the on-lot sewage disposal systems within the Township are properly maintained, the Township shall require that all septage haulers servicing on-lot sewage disposal systems within the Township shall file manifests with the Township concerning such service. The septage haulers shall also be required to report any malfunctioning on-lot sewage disposal systems to the Township.
A certain document, three copies of which have been and are presently on file in the office of the Secretary of the Township of Elizabeth, being marked and designated as Chapters 71, 72 and 73 of Title 25 of the Pennsylvania Code, being promulgated by the Department of Environmental Protection of the Commonwealth of Pennsylvania, be and is hereby adopted as the sewage permit application and installation procedure of the Township, and each and all of the regulations contained in said chapters are hereby adopted by the Township, except as modified by this article. It is the intent of the Board of Supervisors to adopt all subsequent amendments and revisions to said chapters as permitted by law and in accordance with the provisions of 1 Pa.C.S.A. § 1937(a). If such an intent is found invalid by a court of competent jurisdiction, it is the intent of the Board to adopt said chapters as they existed on the effective date of this article.
A.
Word usage. In the interpretation of this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B. ACT BOARD COMMUNITY SEWAGE SYSTEM DEPARTMENT INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS) LAND DEVELOPMENT LOT MALFUNCTION MANIFEST OFFICIAL PLAN PERMIT, INSTALLATION PERSON PLANNING MODULE FOR LAND DEVELOPMENT REPLACEMENT LOCATION SEPTAGE HAULER SEWAGE SEWAGE ENFORCEMENT OFFICER SINGLE AND SEPARATE OWNERSHIP SUBDIVISION TOWNSHIP
Definitions. As used in this article, the following terms shall have the meanings indicated:
The Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1 et seq.
The Board of Supervisors of the Township.
Any system, whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature from two or more lots and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site and which shall comply with all applicable regulations of the Department.
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
[Amended 9-9-1996 by Ord. No. 1996-1]
Any system of piping, tanks or other facilities serving on a single lot and collecting and disposing of sewage in whole or in part into the soil and any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposition, and which is located upon the lot which it serves.
A land development as defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq.
A parcel of land used or intended to be used as a building site or a separate parcel to be created as a result of approval of a subdivision or land development application or a condominium unit. The term "lot" shall include parcels equal to or greater than 10 acres in size where the lot may be occupied by one or more persons or families.
The condition which occurs when an on-lot sewage disposal system discharges sewage onto the surface of the ground, into groundwaters of the commonwealth, into surface waters of the commonwealth, backs up into the building connected to the on-lot sewage disposal system or otherwise causes a nuisance hazard to the public health or pollution of ground- or surface water or contamination of public or private drinking water wells. An on-lot sewage disposal system shall be considered to be malfunctioning if any of the conditions set forth in this definition occur for any length of time during any period of the year.
A written report made to the Township by a septage hauler providing service to an OLDS within the Township which, at a minimum, contains the name and address of the septage hauler, the name of the property owner, the address of the property upon which the OLDS is located, a description of all services performed by the septage hauler, the location at which any sewage or solids removed from the OLDS will be disposed, a description of the condition of the OLDS, a statement noting whether any malfunctions of the OLDS were observed and a statement noting all maintenance or repairs to the OLDS performed.
A comprehensive plan for the provision of adequate sewage disposal systems adopted by the Township and approved by the Department in accordance with the Act and with applicable Department regulations.
A permit issued by the Sewage Enforcement Officer after the performance of tests to determine suitability to authorize the initial installation of an OLDS or the repair, replacement or enlargement of an existing OLDS.
Any individual, association, partnership, public or private corporation, whether for profit or not-for-profit, trust, estate or other legally recognized entity. Whenever the term "person" is used in connection with any clause providing for the imposition of a fine or penalty or the ordering of the action to comply with the terms of this article, the term "person" shall include the members of an association, partnership or firm and the officers of any public or private corporation, whether for profit or not-for-profit.
A revision to the Township Official Plan submitted in connection with the request for approval of a subdivision or land development in accordance with Department regulations.
A location designated as the future location of an OLDS that shall be installed should the OLDS installed or to be installed fail or otherwise become inoperable and which shall meet all the regulations of the Department and all applicable Township ordinances for an OLDS.
Any person licensed by the Lancaster County Solid Waste Management Authority, the Department or other governmental agency to remove septage or other solids from treatment tanks of individual on-lot sewage disposal systems, holding tanks or privies within the Township.
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 the public health or to animals or aquatic life or to the use of water for domestic water supply or for recreation or which constitutes pollution under the Act of June 22, 1937, P.L. 1987, No. 394, known as the "Clean Streams Law," as amended.[1]
The Sewage Enforcement Officer of the Township.
The ownership of a lot by one or more persons which ownership is separate and distinct from that of any abutting or adjoining lot.
A subdivision as defined by the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq.
The Township of Elizabeth, Lancaster County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
An installation permit shall be obtained from the Sewage Enforcement Officer in accordance with the Act, the regulations of the Department and this article prior to the installation of any OLDS. This requirement shall apply to all lots within the Township, regardless of the size of the lot.
After the effective date of this article, no requests for approvals of planning modules for land development and no revisions or supplements to the Official Plan shall be granted by the Board unless the applicant presents to the Board evidence that each lot or lot to be created contains a suitable location for the installation of an initial OLDS, except when such lots or lots to be created are to be served by a community sewage system. The Sewage Enforcement Officer shall perform or observe all tests required by the Department and this article for the location of an OLDS to confirm the suitability of the location.
After the effective date of this article, a replacement location for an OLDS shall be required for all lots or lots to be created which are not serviced or to be serviced by a community sewage system or for which a valid installation permit for an OLDS has not been issued. The replacement location provided shall comply with the Act and with all regulations issued by the Department as incorporated into this article concerning OLDS, including isolation distances, and with the terms of this article and any other applicable Township ordinances.
A.
Each person who shall apply for a permit under the Chapter 185, Zoning, or an installation permit for an OLDS or who shall request approval of a planning module for land development or the adoption of a revision or supplement to the Official Plan shall demonstrate to the satisfaction of the Sewage Enforcement Officer that a suitable area exists on the lot or on each lot to be created for an initial OLDS and for the replacement location. The Sewage Enforcement Officer shall perform or observe all tests required by this article for the location of any OLDS to confirm the suitability of the replacement location. Allowance of open land for the replacement location without testing performed or observed by the Sewage Enforcement Officer shall not constitute compliance with the requirements of this section.
B.
The location of the initial OLDS and the replacement location as confirmed by the Sewage Enforcement Officer shall be identified on the plot plans and diagrams submitted as a part of the permit application.
C.
If the application has been submitted as a part of an application for subdivision or land development approval or as part of a request that the Township approve a planning module for land development or amend its Official Plan, the location of each OLDS and each replacement location shall be notated upon the plans. If the application is for subdivision or land development approval, a note shall be added to the plans stating that no improvements shall be constructed upon the replacement location, and the deed to each lot created as a part of the subdivision or land development shall contain language reflecting this limitation.
D.
Any revisions to a permit or plan affecting a replacement location which previously has been approved pursuant to the provisions of this article shall be approved by the Board or its authorized representative.
No permanent or temporary improvements of any character other than the planting of trees, shrubs or other plant matter shall be constructed upon the replacement location unless the person who desires to construct such improvements shall demonstrate to the satisfaction of the Sewage Enforcement Officer that an alternate replacement location which complies with all applicable regulations of the Department, this article and all other applicable Township ordinances exists upon the lot. If such an alternate replacement location shall be identified, the alternate replacement location may be considered to be the replacement location required by this article and shall be designated as the replacement location. The newly designated replacement location shall thereafter be considered the replacement location for the purposes of this article.
If any lot held in single and separate ownership as of the effective date of this article shall not contain land suitable for a replacement location, the applicant for a permit under the Chapter 185, Zoning, or an installation permit for an OLDS may request that the Board grant an exception to the requirement of providing a replacement location. The applicant for such an exception shall present credible evidence to the Board demonstrating that the lot was held in single and separate ownership on the effective date of this article; the size of the lot; the inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired; and the testing conducted to determine that the lot is not suitable to provide a replacement location. At all times the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exception from the terms of this article.
After the effective date of this article, no requests for approvals of planning modules for land development and no revisions or supplements to the Official Plan shall be considered by the Board unless the applicant presents to the Board data sufficient to determine the impact upon the environment of the proposed development. This information shall be used by the Board in assessing the planning module for the land development and any requested revision or supplement to the Official Plan. Each applicant shall submit the following information to the Board for review by the Board, the Township Engineer and such other persons as the Board may determine:
A.
A location map showing the entire tract and its relation to the surrounding area, drawn on a scale of 1,000 feet to the inch.
B.
Types of soils based upon the United States Department of Agriculture Soil Survey for Lancaster County.
C.
Sufficient elevations and/or contours to determine the general slope and natural drainage of the land. Contours shall ordinarily be shown at intervals of five feet but may be at lesser intervals in the case of relatively level tracts.
D.
Data to which contour elevations refer. Where practicable, such data shall refer to known established elevations.
E.
The location of all existing floodplains, wetlands, watercourses, railroads, areas of subsidence, wooded areas (marking all wooded area to be cleared), bridges, culverts and other significant natural features on the tract and with 200 feet of the tract.
F.
The location of all streets, adjoining tracts and buildings within 200 feet of the tract.
G.
Plans for the treatment and disposal of sewage and for the provision of a water supply.
H.
Location of all proposed land uses including residential uses by types.
I.
Size and intensity of use data, including the number of residential and commercial lots, lot sizes and the number and types of dwelling units.
J.
Data relevant to the occurrence of flooding, subsidence, land slides and other geological hazards within and adjacent to the tract.
K.
A preliminary erosion and sedimentation control plan pursuant to the rules and regulations of the Department.
L.
Where slopes in excess of 10% occur within the tract, a preliminary grading plan indicating the general location and magnitude of the proposed cuts and fills.
All persons who own a lot upon which an OLDS is installed or who reside upon a lot on which an OLDS is installed shall properly use and maintain such OLDS. Proper maintenance of an OLDS shall include, at a minimum:
A.
Retention of a septage hauler to remove septage from the tank of the OLDS at least once during each period of three calendar years or whenever an inspection reveals that the treatment tank is filled with solids in excess of 1/3 the liquid depth of the tank or with scum in excess of 1/3 the liquid depth of the tank, whichever shall require the more frequent removal. It is the responsibility of the property owner to ensure that septage is removed from the tank of the OLDS in accordance with the requirements of this section. No person other than a septage hauler shall be permitted to remove septage from the tank of an OLDS or to otherwise dispose of any septage or any other substance within an OLDS.
(1)
After the effective date of this article, the Township shall be divided into three sections. All property owners shall be notified by the Township of the section to which the property is assigned.
(2)
Any OLDS installed upon a property which is located within Section 1 shall have septage removed from the tank of the OLDS within 12 months from the effective date of this article. Notwithstanding the foregoing, if a property owner can provide proof to the Township that such OLDS had septage removed from its tank within the twenty-four-month period preceding the effective date of this article, the OLDS will not have to have septage removed within 12 months from the effective date of this article, and the date of the removal of the septage shall be considered the date of initial maintenance for the purpose of Subsection A(5) herein.
(3)
Any OLDS installed upon a property which is located within Section 2 shall have septage removed from the tank of the OLDS within 24 months from the effective date of this article. Notwithstanding the foregoing, if a property owner can provide proof to the Township that such OLDS had septage removed from its tank within the twelve-month period preceding the effective date of this article, the OLDS will not have to have septage removed within 24 months from the effective date of this article, and the date of the removal of the septage shall be considered the date of initial maintenance for the purpose of Subsection A(5) herein.
(4)
Any OLDS installed upon a property which is located within Section 3 shall have septage removed from the tank of the OLDS within 36 months from the effective date of this article.
(5)
The date upon which any OLDS has septage removed in accordance with Subsections A(2) through A(4) herein shall be considered the date of initial maintenance. All OLDS shall have septage removed in accordance with this section within three years from the date of initial maintenance. The OLDS shall continue to have septage removed from the tank within three years from the date of the last removal of the septage as long as the OLDS continues to be used for sewage disposal.
(6)
For OLDS installed after the effective date of the ordinance, the OLDS must have septage removed within three years from the date of final inspection of the OLDS or, in the case of new construction, if the property will not be occupied within one month from the date of final inspection of the OLDS, within three years from the date of the issuance of the certificate of use and occupancy by the Zoning Officer. The OLDS shall continue to have septage removed from the tank within three years from the date of the last removal of the septage as long as the OLDS continues to be used for sewage disposal.
B.
Maintenance of surface contouring and other measures consistent with the regulations of the Department to divert stormwater away from the treatment facilities and absorption areas and to protect the absorption areas from physical damage.
C.
Following any operation and maintenance recommendations of the manufacturer of the OLDS.
D.
Eliminating all items which could interfere with functioning of the OLDS from the waste stream deposited to the OLDS, including but not limited to oils and grease, pesticides, paints and thinners and disposable products, such as diapers.
E.
Any person performing required maintenance, including but not limited to pumping of the OLDS, shall also inspect the OLDS. The person performing such inspection shall inspect and note the condition of baffles in all tanks and all compartments and shall check whether any malfunction is observable. If baffles are in a deteriorated condition, the owner is responsible to replace the baffles with sanitary tees. No permit shall be required to replace deteriorated baffles with sanitary tees. If the OLDS is a cesspool or drywell, the inspection shall include the side walls of the cesspool or drywell; and if the side walls are in need of cleaning, a septage hauler shall perform such cleaning.
[Added 10-12-2015 by Ord. No. 2015-3]
Any person who owns a lot upon which an OLDS is installed, any person who resides a lot upon which an OLDS is installed and any septage hauler pumping out or otherwise maintaining an OLDS shall report any malfunctioning of such OLDS to the Township. Such report shall be made as soon as possible but in no case later than three days after discovery of the malfunction.
[Added 10-12-2015 by Ord. No. 2015-3]
Each septage hauler which desires to operate within the Township shall register with the Township prior to commencing operations within the Township. Each septage hauler shall register annually, and each registration shall expire on the last business day of December of a calendar year.
[Amended 10-12-2015 by Ord. No. 2015-3]
A.
Each septage hauler who performs maintenance upon an OLDS within the Township, including but not limited to pumping out the OLDS, shall ensure that, after maintenance and inspection of an OLDS, the septage hauler files a manifest in the form provided by the Township with the Township for each OLDS serviced within the Township and provides the owner of the property on which the OLDS is located with a copy of the manifest. The person performing the maintenance and inspection shall sign the manifest.
B.
The owner of a lot on which an OLDS is located is responsible to ensure that the septage hauler files a copy of the manifest with the Township after maintenance and inspection of the OLDS and, in the event the septage hauler fails or refuses to do so, shall file a copy of the manifest with the Township.
C.
Each person who performs maintenance upon a community sewage system within the Township shall ensure that, after maintenance of the community sewage system, such person files a manifest with the Township for the community sewage system serviced within the Township and provides the owner of the community sewage system with a copy of the manifest.
[Amended 9-9-1996 by Ord. No. 1996-1]
A.
It shall be a violation of this article to commit or permit any other person to commit any of the following acts:
(1)
To install, repair, modify or alter an individual on-lot sewage disposal system or a community sewage system prior to obtaining a permit or in a manner which violates the terms and conditions of any permit.
(2)
To misuse or fail to maintain an individual on-lot sewage disposal system or a community sewage system.
(3)
To fail to report a malfunctioning individual on-lot sewage disposal system or community sewage system.
(4)
To fail to remedy a malfunctioning individual on-lot sewage disposal system or community sewage system.
(5)
To construct any improvements upon, grade or take any other action which will render a replacement location unsuitable for installation of an individual on-lot sewage disposal system or community sewage system, unless the Sewage Enforcement Officer has approved an alternate replacement location in accordance with §§ 140-8 and 140-9 of this article.
(6)
To place false information on or omit relevant information from an application for a permit.
(7)
To occupy or permit the occupancy of any structure served by an individual on-lot sewage disposal system for which a valid permit has not been obtained as required by this article.
(8)
To occupy or permit the occupancy of any structure served by a community sewage system for which a valid permit has not been obtained as required by this article.
(9)
To fail to comply with any other provision of this article.
B.
It shall be a violation of this article for any septage hauler to commit any of the following acts:
[Added 10-12-2015 by Ord. No. 2015-3[1]]
(1)
To operate within the Township without having previously registered with the Township.
(2)
To perform maintenance of an OLDS or a community sewage system without completing a manifest and providing a copy of the manifest to the owner of the lot on which the OLDS is located or the owner of the community sewage system and to the Township.
(3)
To place any false statement on a manifest.
(4)
To dispose of materials removed from an OLDS or community sewage system in any manner which violates DEP or LCSWMA regulations or applicable laws.
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection B as Subsection C.
C.
For each violation of the provisions of this article, the owner, agent, lessee or contractor or any other person who commits, takes part in or assists in any such violation shall be liable, upon conviction thereof in a summary proceeding, to pay a fine of not less than $200 nor more than $1,000 for each offense, together with the costs of prosecution. Each day or portion thereof in which a violation exists shall be considered a separate violation of this article, and each section of this article which is violated shall be considered a separate violation. In default of payment of such fine, such person shall be liable to imprisonment for a period not exceeding 30 days.
[Amended 4-13-1998 by Ord. No. 1998-2]
In case any improvement is constructed or any lot maintained in violation of this article, or any OLDS is not properly maintained or the malfunction of any OLDS is not reported to the Township, in addition to the other remedies provided by law, any appropriate action or proceedings in equity may be instituted or taken to prevent such unlawful construction of improvements or such unlawful maintenance of such lot or the continued use of such OLDS.
[Amended 10-12-2015 by Ord. No. 2015-3]
A.
The following activities are hereby declared nuisances:
(1)
Construction of improvements on the replacement location. Such construction renders the replacement location useless and therefore jeopardizes the water quality and other natural resources of the Township. This harm to the water quality and other natural resources of the Township is a danger to the health, safety and welfare of the residents of the Township and is hereby declared to be a nuisance and abatable as such in accordance with the provisions of the Second Class Township Code.
(2)
Installation, alteration or modification of an OLDS or community sewage system without having obtained a permit as required by this article and the regulations of the Department or, if a permit was obtained, in a manner which violates the terms of the permit.
(3)
Failure to maintain an OLDS or community sewage system as required by this article.
B.
All of these actions result in pollution of the waters of the commonwealth and other natural resources of the Township and constitute a danger to the health, safety and welfare of Township residents. The actual expenses of the Township in the abatement of such nuisances plus a penalty in the amount of 25% of such expenses shall be filed as a municipal claim against the property.
Although this article is intended to provide guidelines for the installation and maintenance of a replacement location for OLDS, nothing contained herein shall be interpreted as a guarantee or warranty to applicants or other Township residents that systems installed under the provisions of this article will function as intended. The Township assumes no responsibility for the location and/or maintenance of OLDS within the Township.
Nothing in this article shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any permit issued or approval granted or any cause or causes of action arising prior to the enactment of this article.
[Adopted 1-6-1997 by Ord. No. 1997-1; amended in its entirety 12-8-2025 by Ord. No. 2025-4]
This article shall be known and may be cited as the "Elizabeth Township Holding Tank and Privy Ordinance."
The purpose of this article is to establish procedures for the use and maintenance of existing and new holding tanks and privies designed to receive and retain sewage, whether from residential or commercial uses, and it is hereby declared that the enactment of this chapter is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of the Township of Elizabeth.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
Any person who filed an application with the Township for approval to install a holding tank or privy.
The Board of Supervisors of the Township of Elizabeth, Lancaster County, Pennsylvania, or any person designated by the Board of Supervisors to perform such duties.
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any agency successor thereto.
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 includes the following types of retaining tanks as defined in 25 Pa. Code § 72.1:
CHEMICAL TOILETA permanent or portable non-flushing toilet using chemical treatment in the retaining tank for odor control.
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water carrying system.
INCINERATING TOILETA device capable of reducing waste materials to ashes.
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
In this chapter a holding tank shall not include a privy. |
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, trust, or other group or entity.
A retaining tank designed to receive sewage where water under pressure is not available, i.e. a privy as defined in the Department's regulations as defined in 25 Pa. Code § 72.1.
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 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 any substance which constitutes pollution under The Clean Streams Law, 35 P.S. § 691.1 et seq. Sewage includes what is commonly referred to as "greywater", i.e., waste water from baths, sinks, washing machines, and other appliances.
The Sewage Enforcement Officer of the Township.
The Township of Elizabeth, Lancaster County, Pennsylvania. The term Township shall be interpreted to include a contractor or other designee of the Township.
The Board of Supervisors is hereby authorized and empowered to undertake within the Township the control and methods of holding tank use, privy use, sewage disposal, and sewage collection and transportation thereof. This article sets forth the requirements for collection and transportation of all sewage from any holding tank or privy and constitutes the direction and control of the Board of Supervisors for such items. The disposal of sewage from any holding tank or privy shall be made only at such site or sites as may be approved by the Department.
A.
The Board of Supervisors is hereby authorized and empowered to adopt by resolution such rules and regulations concerning sewage and to enter into such agreements as it may deem necessary from time to time to effect the purposes herein.
B.
All such rules and regulations adopted by the Board of Supervisors shall be in conformity with the provisions herein, all other ordinances of the Township, all other applicable laws, and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.
C.
The Board of Supervisors hereby adopts the regulations of the Department found in Title 25, Chapters 71, 72 and 73, of the Pennsylvania Code governing retaining tanks as the regulations governing the design, installation, and use of holding tanks and privies within the Township.
The Board of Supervisors shall have the right and power to fix, alter, charge and collect rates, assessments, and other charges relating to the permitting, inspection, use and maintenance of holding tanks and privies at reasonable and uniform rates as authorized by applicable law.
All applicants who desire to install a holding tank shall meet all of the following requirements:
A.
The record owner of the lot on which the holding tank is to be installed and, if different, the applicant, shall enter into an agreement with the Township, in recordable form, providing for the long-term maintenance of the holding tank which grants the Township the right to enter upon the property; to inspect such holding tank not less than once each year and, in addition, whenever the Township receives a complaint or otherwise has reason to believe that such holding tank is not functioning properly; to maintain the holding tank if the landowner fails to do so; and to recover the cost of any maintenance performed plus a penalty of 25% of such cost from the landowner. The agreement shall specifically authorize the Township to file a municipal claim against the property to recover costs, penalties and fees and shall specifically state that its provisions are binding upon the landowner executing the agreement and upon all successive owners of the property until the holding tank is removed and the improved property is either connected to a public sewer system owned and operated by a governmental entity or connected to an on-lot sewage disposal system which meets all Department and Township regulations.
B.
The applicant shall post financial security with the Township to secure the future maintenance of the holding tank and payment of costs of annual inspection of such system if requested to do so by the Township.
C.
The applicant shall demonstrate to the Township that the proposed holding tank meets all applicable Department regulations and that the applicant has obtained all necessary approvals and permits.
D.
Special conditions for holding tanks shall be incorporated in the permit application and permit for the proposed use of a holding tank.
E.
The applicant shall reimburse the Township for all costs incurred in the preparation of the agreement and its recording.
F.
The applicant shall pay all costs associated with the yearly inspection of the holding tank.
All applicants who desire to install a privy shall meet all of the following requirements:
A.
The applicant shall demonstrate that site and soil suitability testing of the property has been conducted by the Sewage Enforcement Officer and that the property meets the 25 Pa. Code, Chapters 71 through 73, regulations for the ultimate sewage disposal by an approved on-lot system if water under pressure or piped wastewater is installed in the structure served by the privy At such time as water under pressure or piped wastewater is installed in the structure served by the privy, the owner shall remove the privy and connect the structure to a permitted on-lot sewage disposal system.
The owner of an improved property that utilizes a holding tank or privy shall:
A.
Maintain the holding tank or privy in conformance with this 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, including but not limited to Section 71.63 and Section 73.61 et seq., of the Department's regulations Proper maintenance shall include, but shall not be limited to removal of the contents of the holding tank only by a licenses septage waste hauler for disposal in accordance with all Department regulations and insuring that at all times an alarm with both audible and visible signal to alert that the holding tank is filled to within 75% of capacity is present and properly functioning:
(1)
Proof of maintenance. Each time that a holding tank or privy is pumped out or emptied, the private sewage waste hauler who performs the service shall provide to the owner a signed receipt and shall retain a signed receipt containing the following information:
(a)
Date of pumping out.
(b)
Name and address of owner.
(c)
Description and diagram of location of holding tank or privy, including location of any markers and/or access hatches (if known).
(d)
Size of holding tank or privy.
(e)
Age of the holding tank or privy (if known).
(f)
Last date of pump out (if known).
(g)
Any maintenance performed in connection with pumping out of the holding tank or privy.
(h)
Any indication of system malfunction observed.
(i)
Amount of sewage, septage or other solid or semi-solid material removed.
(j)
Cost of service.
(k)
Waste hauler's state license number permitting him to collect and haul septage in this Commonwealth.
The owner and the waste hauler are jointly and severally responsible to provide the receipt to authorized officials of the Township. The receipt shall serve as proof of compliance with the maintenance requirements of this chapter. Failure to provide a copy of the receipt within 30 days after the holding tank or privy is pumped out or emptied shall constitute a violation of this chapter. The Township is designated in accordance with the Department's regulations as the administrative agency to receive, review and retain pumping receipts from permitted holding tanks and privies.
(2)
Inspections Annually or where any agreement entered into between the Township and the owner or a predecessor in title of the landowner requires more frequent inspections of a holding tank or privy, the owner shall permit the Township Sewage Enforcement Officer to enter upon the improved property to conduct the required inspection. The Township Sewage Enforcement Officer shall conduct inspections of all permitted holding tanks and privies at least annually and complete a written inspection report which shall be submitted to and be retained by the Township. The owner shall pay all fees associated with all required inspections.
B.
If public sewer service becomes available to the improved property, the owner shall abandon the holding tank or privy consistent with applicable public health and environmental standards.
C.
The owner shall permit the Township to enter upon lands to inspect the holding tank or privy for proper operation, maintenance and contents disposal.
The owner of a lot upon which a holding tank or privy is installed, any person who occupies a lot upon which a holding tank or privy is installed, any person who owns a holding tank or privy, and any waste hauler pumping out or otherwise maintaining a holding tank or privy shall report any malfunctioning of a holding tank or privy to the Township. Such report shall be made as soon as possible but in no case later than three days after discovery of the malfunction.
A.
It shall be a violation of this article to commit or permit any other person to commit any of the following acts:
(1)
To install, repair, modify or alter a holding tank or privy prior to obtaining a permit or in a manner which violates the terms and conditions of any permit.
(2)
To misuse or to fail to maintain a holding tank or privy or to fail to provide reports of maintenance as required by this article.
(3)
To fail to have the holding tank or privy inspected as required by this chapter or to fail to permit the Township Sewage Enforcement Officer to inspect the holding tank or privy.
(4)
To fail to report a malfunctioning holding tank or privy.
(5)
To fail to remedy a malfunctioning holding tank or privy.
(6)
To place false information on or omit relevant information from an application for a permit or from a report of inspection or maintenance of a holding tank or privy.
(7)
To occupy or permit the occupancy of any structure served by a holding tank or privy for which a valid permit has not been obtained as required by this article.
(8)
To fail to comply with any other provision of this article.
(9)
To fail to comply with any duly adopted regulation of the Township.
B.
Any person who shall violate a provision of this article or who shall fail to comply with any of the requirements thereof or who shall permit the violation of this article or who shall use or occupy or permit the use or occupancy of any building or structure which is served by a holding tank or privy which has not been installed or maintained in accordance with the requirements of this article, shall, upon being found guilty in an enforcement proceeding commenced by the Township, pay a fine of not less than $200 and not more than $1,000 for each violation plus all costs of prosecution, which fines and costs may be collected as provided by law. Each day that a violation continues shall be deemed a separate offense, and each section of this article which is violated shall be deemed a separate offense.
In addition to any other remedies provided in this article, any violation of this article 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.