The purpose of this Article is to establish procedures for the use and maintenance of certain holding tanks designed to receive and retain sewage whether from residential, or nonresidential 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 this Township.
[Adopted 11-29-2005 by Ord. No. 361]
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The Marshall Township Municipal Sanitary Authority.
The Board of Supervisors of the Township of Marshall, Allegheny County, Pennsylvania.
A person selected by the Owner and approved by the Authority to collect, transport and dispose of sewage from any Improved Property utilizing a Holding Tank.
The Department of Environmental Protection of the Commonwealth of Pennsylvania.
A watertight receptacle, whether permanent or temporary, which receives and retains sewage conveyed by a water carrying system and 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 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 Marshall, Allegheny County, Pennsylvania.
The Authority is hereby authorized and empowered to undertake, within the Township, the control and methods of Holding Tank use, sewage disposal and sewage collection and transportation thereof. Only the construction or use of Holding Tanks for institutions, recreational vehicle dump stations or commercial establishments with a sewage flow of less than 800 gallons per day is permitted in accordance with the temps of this Article. The construction of other Holding Tanks that receive and hold sewage is expressly prohibited; provided, however, the Authority may construct Holding Tanks to assist in the transportation and treatment of sewage from its customers.
The Authority is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effectuate the purposes of this Article.
All such rules and regulations adopted by the Authority shall be in conformity with the provisions of this Article and all other Ordinances of the Township, mad all other applicable laws, roles and regulations of DEP or other governmental agencies. Nothing in this Ordinance shall authorize the use of a Holding Tank to receive and hold sewage that contains substances which are deemed as hazardous or toxic under the Act of June 22, 1937 (D.L. 1837, 394) known as "The Clean Streams Law," as amended.
The Authority shall have the right and power to fix, alter, charge and collect fees, costs and penalty assessments provided for herein.
When a person proposes to use a Holding Tank, application for a permit to install such Holding Tank shall be made to the Authority on a form prescribed by the Authority. Each application shall demonstrate that the proposed Holding Tank meets the requirements of DEP. Each application shall be accompanied by a fee established from time to time by resolution of the Authority, said fee being used to defray the expense of processing said application.
In addition to the required fee, the Owner shall be required to place with the Authority financial security conditioned upon the faithful performance of collection, transportation and disposal of the contents of the Holding Tank and removal of said tank, in such amounts as determined by the Authority. The amount of the financial security shall be determined by the Authority based on the size of the Holding Tank in relationship to the anticipated use as indicated by the structure or dwelling said Holding Tank shall service, the number of times the contents of said Holding Tank shall need to be collected, transported and disposed within a calendar year, the estimated cost of the collection, transportation and disposal of the contents and the cost of removal of said tank when no longer needed. All financial security shall be renewed, annually and shall be required during the use of the Holding Tank. The principal amount of said financial security may be increased, or decreased annually.
Every Owner of Improved Property in the Township who proposes to install and use a Holding Tank shall obtain a permit from the Authority prior to commencing installation of said Holding Tank.
Construction, use and maintenance of any Holding Tank within the Township shall be in accordance with the statutes, regulations, and/or ordinances of DEP, the Allegheny Health Department, the Township and the Authority, as the same maybe amended from time to time.
A.
The Authority shall conduct annual inspections of all Holding Tanks within its service territory. The Authority shall retain reports of such inspections for a period of five years. The Authority shall report malfunctioning Holding Tanks to the Allegheny County Health Department and the State Department of Environmental Protection.
B.
The Authority shall charge Owners a fee for inspecting a Holding Tank. Such fee shall be equivalent to the Authority's cost of conducting those inspections.
The Owner of an Improved Property that utilizes a Holding Tank shall:
A.
Obtain a permit from the Authority prior to installation of the Holding Tank.
B.
Maintain the Holding Tank in conformance with this or any other ordinance, resolution, rules or regulations or other enactment of the Township, Authority or DEP or any other administrative agency of the Commonwealth of Pennsylvania.
C.
Permit the Authority or its agent to inspect the Holding Tank on an annual basis.
D.
Arrange for the regular collection, transportation and disposal of the contents of the Owner's Holding Tank as necessary to protect the public health and environment.
E.
Pay the fees, costs and penalty assessments fixed or assessed, by the Authority as provided, herein.
F.
Notify the Collector of said sewage, if necessary or required, when collection and transportation of said sewage shall become necessary at times other than scheduled times for collection.
G.
Prevent any leakage of the contents of said Holding Tank into the environment, onto the soil or into any water body, and, should leakage occur, immediately cease using all toilet and sewage facilities voiding into said Holding Tank until said tank is repaired or replaced.
H.
Upon construction of a public sanitary sewer line determined by the Authority to be capable of servicing the Improved Property in accordance with its rules and regulations, the Owner shall within 30 days after notice by the Authority, tap-in all sewage facilities serving the site into the Authority's sanitary sewer line and pay any and all fees or costs associated with or required in connection with said tap-in. Prior service of the Improved Property by a Holding Tank shall not be construed to relieve the Improved Property or the Owner from payment of any assessed benefits to the Improved Property benefited by the construction of sanitary sewers.
I.
Upon completion of the tap-in of any Property containing a Holding Tank into a public sanitary sewer system, the Owner shall notify the Authority and shall within 30 days of the completion of the tap-in collect, transport and dispose of the contents of any Holding Tank and remove the Holding Tank from the site. The Authority may give written consent to the Owner to fill the Holding Tank with sand in lieu of removal, provided the same is consistent with the regulations promulgated by the Authority pursuant to this Article.
A.
The Authority shall designate several Collectors who may be used to collect, transport and dispose of sewage from Holding Tanks. An Owner may not use a Collector who has not been designated by the Authority. Disposal of sewage from a Holding Tank by such Collector shall be made only at such site or sites as may be approved by the DEP.
B.
The Owner of an Improved Property that utilizes a Holding Tank may request the use of a Collector not designated by the Authority, provided the Owner provides the Authority with the name of the proposed Collector, the method of collection and transportation and the name and location of the disposal site. The Authority reserves the right to deny this request for any reason.
A.
Any person, firm or corporation who shall neglect or refuse to comply with any of the terms or provisions of this Article, or of any regulations for requirements pursuant thereto and authorized thereby, in addition to the other penalties provided by law, shall, upon conviction before a District Justice, be sentenced to pay a fine of not more than $1,000, plus costs, including reasonable attorney fees, and in default thereof, shall be imprisoned for a period not exceeding 30 days in the Allegheny County Jail, or both.
B.
In addition to the penalties for summary offense set forth in Subsection A above, the Township may assess civil penalties in accordance with 35 P.S. § 750.13(a). For purposes of this section, the Authority or its designee shall hold the requisite assessment hearing. The civil penalty so assessed shall not be less than $300 nor more than $2,500, plus costs, including reasonable attorney fees, and in default thereof, shall be imprisoned for a period not exceeding 90 days in the Allegheny County Jail, or both.
C.
Each day that a violation of this Article continues or each section of this Article which shall be found to have been violated shall constitute a separate offense hereunder.
If the owner of any holding tank in the Township neglects or refuses to maintain the holding tank as required by the regulations of the Authority, the Authority may perform or cause to be performed such work as may be necessary to bring it into compliance with the provisions of this Article and all applicable laws, including the removal and replacement of the holding tank at the cost and expense of such owner, together with all charges and expenses incidental thereto; which sum shall be collected from said owner for the use of the Authority as debts are by law collectible, or if not paid within six months of completion, the Authority or the Township may file municipal liens as provided by law.
In addition to any other remedies provided in this Article, any violation of Section 157-30 (Duties of Owner) above shall constitute a nuisance and may be abated by the Township or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a Court of competent jurisdiction.
If any section, subsection, sentence, clause or provisions of this Article or the regulations adopted by the Authority pursuant thereto is held, for any reason, to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this Article or the remaining portions of said regulations.