The purpose of this article is to establish
procedures for the use and maintenance of sewage holding tanks designed
to receive and retain sewage from residential or commercial uses,
and it is hereby declared that the enactment hereof is necessary for
the protection, benefit and preservation of the health, safety and
welfare of the inhabitants of this Township.
Unless the context specifically and clearly
indicates otherwise, the meaning of the following terms used in this
article shall be as herein defined:
BOARD
The Supervisors of Pocopson Township.
HOLDING TANK
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. This term is limited to a "retention tank,"
which is a holding tank where sewage is conveyed to it by a water-carrying
system.
IMPROVED PROPERTY
Any property within this Township upon which there has been
erected a structure, existing at the date of enactment hereof or hereinafter
erected, intended for continuous or periodic habitation, occupancy
or use by human beings.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in this Township.
PERSON
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency or any other legal entity whatsoever, which
is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a penalty or imposing
a fine or imprisonment, the term "person" shall include the members
of an association, partnership or firm and the officers of any agency
or corporation.
REASONABLE ATTORNEYS' FEES
All those attorneys' fees incurred by the Township in bringing
an action to enforce this article and collect fines and penalties
in connection therewith and shall be at that hourly rate annually
approved by the Board for the Township Solicitor.
[Added 11-28-2005 by Ord. No. 3-2005]
SEWAGE
Any substance which contains any of the waste products or
excrement or other discharge from the bodies of human beings 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 which constitutes
pollution under the Pennsylvania Clean Streams Law or any other local, state or federal government regulations
as the same now exist or as hereinafter enacted or amended.
SEWAGE ENFORCEMENT OFFICER
The local enforcement officer appointed by the Board who
issues and reviews permit applications and conducts such investigations
and inspections as are necessary to implement this article and the
rules and regulations promulgated hereunder.
SEWAGE SYSTEM
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
a holding tank for ultimate conveyance to another site for final disposal.
TOWNSHIP
Pocopson Township, Chester County, Pennsylvania.
Within 30 days of the effective date of this
article, the following procedures shall be required of all persons
who operate, use, alter or maintain a holding tank within the Township:
A. Application for a permit to operate, use, alter or
maintain a holding tank shall be made to the Board.
B. The application shall contain the following information:
(1) A copy of the permit application filed with the Pennsylvania
Department of Environmental Protection (DEP) and/or the Chester County
Health Department, as applicable, including all such information required
by the Pennsylvania Sewage Facilities Act Application for Sewage Disposal Systems form ER-BCE-128,
or equivalent.
(2) Where the Official Act 537 Plan does not permit holding
tanks on the lot for which the permit under this article is sought,
an application shall include a request for the revision of the Official
Plan to provide for holding tanks, and that request shall include
a schedule approved by DEP for replacement by adequate sewage service
approved by DEP.
(3) A schematic plan of the installation, including:
(a)
The tank design and capacity; and
(b)
All appurtenances to the tank, including the
proposed sewage system.
(4) A specific description of the sewage system to which
the holding tank is to be connected.
(5) A copy of the holding tank manufacturer's specifications
for the tank.
(6) The specifications for the safety control device, described in §
170-6 hereof.
(7) A description of the maintenance control and disposal
plan proposed by the owner to service the holding tank, including
a copy of the maintenance contract.
(8) A plot plan of the property showing the location of
the buildings and any proposed buildings and the location of the holding
tank.
(9) A description of the zoning district in which the
property is located.
(10) A description of the use and the maximum number of
people the holding tank serves.
(11) A copy of the maintenance security documentation as required by §
170-10.
(12) A specific description, including a schematic drawing, of the proposed back-up system required by §
170-15.
(13) If issued, a copy of the permit granted by the Pennsylvania
Department of Environmental Protection and/or the Chester County Health
Department for the use of the holding tank on the property.
(14) A copy of the written contract with a licensed sewage
contractor for the collection, transportation and disposal of the
contents of the holding tank.
C. If the Sewage Enforcement Officer determines that
an application is incomplete, or such Officer is unable to verify
the information submitted, the applicant shall be notified in writing
within seven days and the time for acting thereon shall be extended
15 working days beyond the date of receipt of adequate supplementary
or amendatory data.
Any use of holding tanks within this Township
is restricted to:
A. Those cases in which the DEP, or the Chester County
Health Department (if authorized by DEP), states that such holding
tank use is necessary to abate a nuisance or a public health hazard;
or
B. Emergency use (i.e., for 90 days or less, or other
time approved by DEP) when no other DEP or Chester County Health Department
approved sewage disposal system can be installed upon the property
because of physical restrictions peculiar to the property.
Prior to the issuance of any permit hereunder,
the owner shall file with the Board a copy of a maintenance contract
in which the owner has contracted with a licensed sewage disposal
hauler to remove the contents of the holding tank for purposes of
disposing of the sewage at another site (approved by DEP) within the
time and in the manner prescribed by this article and the regulations
of any other regulatory authority having jurisdiction. Such contract
shall be renewed or replaced and kept in full force and effect during
the entire period in which a holding tank is utilized on the improved
property. Failure to maintain such a contract shall cause an immediate
revocation of the holding tank permit.
The Board may, from time to time, adopt such
rules, regulations, standards and procedures as shall be determined
necessary in order to properly administer the provisions of this article;
provided, however, that no such rule or regulation, standard or procedure
shall be adopted if the same is inconsistent with any Pennsylvania
statute or rule or regulation promulgated thereunder. Upon such promulgation
by the Board, the same shall become fully enforceable by the Board
under this article.
Each holding tank disposal sewage system shall,
in its design and plan, provide for a viable back-up system that can
be installed and implemented if the tank becomes inoperative. Such
system shall be capable of implementation within 72 hours after the
tank becomes inoperative.
In addition to the grounds for revocation detailed
hereinabove, a final permit shall be revoked by the Board or the Sewage
Enforcement Officer for any one or more of the following reasons:
A. When the original decision of the Board or Sewage
Enforcement Officer fails to conform with the Pennsylvania Sewage
Facilities Act, 35 P.S. § 750.1 et seq., and regulations
thereunder;
B. When any change which has occurred in physical conditions
of any improved property will materially affect the operation of the
sewage system or the disposal system covered by the permit issued
by the Board;
C. When one or more test materials to the issuance of
the permit have not been properly conducted;
D. When information material to the issuance of the certificate
or permit have been falsified;
E. When the permittee violates the Sewage Facilities
Act, regulations thereunder or conditions of the permit; or
F. If the owner fails to file a request for a hearing
in accordance with the requirements hereinabove, the revocation shall
be effective and final.
Any person who violates or permits the violation
of any provision of this article shall, upon being found liable thereof
in a criminal enforcement proceeding, pay a fine of not more than
$1,000, plus court costs and reasonable attorneys' fees, and may be
incarcerated for a period not exceeding 90 days for each and every
violation. Such fine, costs, attorneys' fees, and incarceration, after
being reduced to a final, unappealed judgment, shall be enforced by
the Township pursuant to the applicable Rules of Criminal Procedure.
Each twenty-four-hour period during which failure to comply continues
shall constitute a separate violation. The Township Code Enforcement
Officer shall initiate criminal enforcement proceedings in order to
achieve compliance with this article.