[Adopted 7-25-1988 by Ord. No. 8-1988]
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:
The Supervisors of Pocopson Township.
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.
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in this Township.
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.
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]
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[1] or any other local, state or federal government regulations
as the same now exist or as hereinafter enacted or amended.
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.
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.
Pocopson Township, Chester County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1
et seq.
A.
It shall be unlawful for any person to install a holding
tank as part of a sewage system in the Township.
B.
It shall be unlawful for any person to operate, use,
alter or maintain, or occupy a building or structure with, a holding
tank as part of a sewage system within the Township without first
having been issued a permit by the Board and by the county and/or
state agency having jurisdiction.
C.
It shall be unlawful for any person to operate, use,
alter or maintain a holding tank, the design, operation and maintenance
of which does not comply with each of the requirements of this article,
the regulations promulgated hereunder, and the statutes, rules and
regulations of other state or county regulatory agencies having jurisdiction.
D.
It shall be unlawful for any person to violate any
other provision of this article with respect to the installation,
operation, use or maintenance of a holding tank.
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[1] Application for Sewage Disposal Systems form ER-BCE-128,
or equivalent.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
(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.
(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.
(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.
(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.
A.
Prior to the issuance of any holding tank permit,
the Sewage Enforcement Officer shall:
(1)
Inspect the property;
(3)
Determine that the holding tank and the sewage system
meet the requirements of this article and all regulations promulgated
hereunder;
(4)
Secure deposit by the owner with the Township of the
required security escrow for maintenance of the holding tank;
(5)
Determine compliance by the applicant with any and
all requirements of the Pennsylvania Department of Environmental Protection
and/or the Chester County Health Department;
(6)
Secure a copy of the permit for the holding tank issued
by either of the latter two agencies.
B.
No application for a sewage holding tank permit shall
be acted upon or processed by the Sewage Enforcement Officer unless
accompanied by the required permit application fee established by
resolution of the Board.
C.
Upon determination by the Sewage Enforcement Officer
that all requirements of this article have been met by the owner,
he shall issue a holding tank permit to and in the name of the owner.
D.
Permits shall be issued or denied by the Sewage Enforcement
Officer in writing within seven calendar days after receipt of the
required permit application fee and the completed application for
the permit; provided, however, that no permit shall be issued under
any circumstances unless and until the holding tank has been approved
by the Pennsylvania Department of Environmental Protection and/or
the Chester County Health Department by issuance of a permit.
E.
When any initial or subsequent inspection by the Sewage
Enforcement Officer reveals that the installation or operation of
the holding tank or appurtenant system differs from the information
and representation set forth in the application, final permit shall
be revoked by the Sewage Enforcement Officer or the Board as applicable,
and no further operation of the holding tank or the appurtenant sewer
system shall take place until the permit has been reinstated and approved
for reissuance.
A.
Holding tanks authorized by this article shall meet, as a minimum, the design standards set forth in Title 25, Rules and Regulations, Part I, Department of Environmental Protection, Subpart C, Article I, Chapter 73, Standards for Sewage Disposal Facilities, Subsection 73.62.
B.
The holding tank shall be large enough to hold a minimum
of four days' sewage from the residential or commercial use situated
on the improved property, but shall have a minimum capacity of 1,000
gallons or a volume equal to the quantity of waste generated in four
days, whichever is larger, with the maximum capacity not to exceed
5,000 gallons.
C.
The holding tank shall be equipped with a warning
device to indicate when the tank is filled to within 75% of its capacity.
Such device shall create an audible and visual signal at the location
frequented by the improved property owner.
A.
No improved property owner utilizing a holding tank
shall permit the tank to overflow or to reach more than 90% of capacity
without arranging for disposal of the contents thereof as required
by this article. In addition to the sanctions imposed by this article
for violation, any overflow or allowance of such excess capacity shall
result in automatic revocation of the permit and forfeiture of the
maintenance escrow deposit lodged with the Board. The Board is hereby
authorized to expend so much of the escrow deposit, at any time, as
may be required to dispose of the holding tank's contents. Within
10 days after such expenditure, the owner shall replace such expended
security by redepositing the same with the Board. The holding tank
permit shall not be reissued unless and until the security is fully
refunded by the owner.
B.
During the period of operation of the holding tank,
the owner shall maintain in full force and effect the required maintenance
escrow deposit and the required disposal contract, and shall promptly
renew or replace any such contract which has expired or is otherwise
terminated.
C.
The owner shall maintain the holding tank and attached
sewage system in a fully operational condition at all times, and shall
repair, replace or enlarge, as required, any worn or defective parts,
including the holding tank, or when ordered by the Sewage Enforcement
Officer to do so.
D.
It shall be the responsibility of the owner to forthwith
make any corrections, improvements or replacements to the holding
tank or the sewage system ordered by the Sewage Enforcement Officer
and determined by him to be necessary for its safe operation in accordance
with its design and purpose.
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.
A.
Prior to the issuance of the holding tank permit,
the owner shall deposit with the Board financial security equal to
100% of the cost of the holding tank and its appurtenances, together
with an additional sum equal to the cost for cleaning the holding
tank for a period of not less than six months. The purpose of this
escrow deposit, which shall be renewable from year to year, is to
indemnify the Board against all costs and expenses which the Board
may incur by reason of the failure of the improved property owner
to maintain the holding tank in a fully operational condition or to
dispose of the holding tank's contents in accordance with the requirements
of this article. The form and type of financial security shall be
approved by the Township Solicitor, and may be either a federal or
commonwealth chartered lending institution irrevocable letter of credit
or a cash escrow account in such lending institution, deposited in
the name of the Board in an interest-bearing account. So long as the
owner is in compliance with the requirements of this article, interest
earned on the account shall be payable to the owner at least annually.
B.
The amount of the required deposit shall be established
by submission to the Board of bona fide proof of the cost of the holding
tank and its installation or, in the absence of such bona fide proof,
at the Board's discretion, the cost thereof shall be established by
estimate prepared by the Township Engineer. The Board may require
an increase in the amount of deposit upon and before any permit renewal
to compensate for a decrease in the value of the deposit occasioned
by inflation, and in the specific percentage amount by which such
value has been decreased thereby.
C.
The Township may expend all or any part of such security deposit for those purposes set forth in the foregoing subsections of this section. Upon expenditure of the Board of any portion of such deposit, the owner shall be required to immediately refund the security deposit as required by § 170-7 hereof.
D.
In the event of a cash escrow deposit, the owner shall
execute the standard Township escrow agreement for such purpose.
A.
The Sewage Enforcement Officer shall make all of the
required inspections, and may, with approval of the Board, engage
such expert opinion as may be deemed necessary to report upon unusual
technical issues which may arise.
B.
The Sewage Enforcement Officer or his designated representative,
or both, shall have the authority at any time to enter upon the premises
of the improved property owner to inspect the holding tank, the sewage
system and its appurtenances or the site of any such proposed holding
tank, sewage system or its appurtenances. Failure of the owner to
permit inspection at reasonable hours, and in the case of emergency,
at any time, shall result in an immediate revocation of any permit
issued under the authority of this article.
A.
The Sewage Enforcement Officer shall issue a cease-and-desist
order to the owner whenever he determines that any violation of this
article has occurred. Within 48 hours of receipt of such cease-and-desist
order, the owner shall correct the cited violation, and shall cease
and desist from the conduct proscribed by such order. Failure to comply
within such time period shall result in revocation of any permit previously
issued.
B.
Failure to comply with a cease-and-desist order within the time designated hereinabove shall subject the owner to the penalty provisions of § 170-17 hereof; provided, however, that the issuance of a cease-and-desist order shall not be a condition precedent to a prosecution for a violation of this article.
C.
In addition to any other remedies provided herein,
a violation of any provision of this article, or any rule or regulation
promulgated under the authority hereof, shall constitute a nuisance
and shall be subject to abatement by the Board by appropriate equitable
or legal relief from a court of competent jurisdiction.
A.
Any person aggrieved by action of the Sewage Enforcement
Officer may, within 30 days of receipt of notice of such action, request
in writing a hearing before the Board.
B.
All permit revocations provided herein shall be provisional
and shall become final only after written notice and 30 days' opportunity
to request a hearing have been granted to the owner. The Board shall
hold a hearing within 30 days after receipt of such request, and the
DEP and the Chester County Health Department shall be notified of
the hearing by the Board.
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.
