[Adopted 5-11-1987 by Ord. No. 85-87]
The purpose of this Part 1 is to establish procedures for the installation, use and maintenance of holding tanks designed to receive and retain sewage whether from residential or commercial uses when an alternate method to on-site disposal is deemed necessary and it is hereby declared that the enactment of this part is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this municipality.
As used herein, the following terms shall have
the meanings herein described unless otherwise provided:
The Board of Supervisors of East Whiteland Township.
The office of the Chester County Health Department administering
the issuance of permits and promulgating the regulations governing
holding tanks in the various municipalities of Chester County.
The bureau or office of the Department of Environmental Protection
of the Commonwealth of Pennsylvania which is responsible for administering
the issuance of permits and promulgating the regulations governing
the issuance of permits for holding tanks.
[Amended 11-21-2000 by Ord. No. 132-2000]
Design standards for holding tanks as established by DEP
(25 Pa. Code § 73.61 et seq.) as well as all relevant installation
standards and relevant locational standards established by such regulations
are incorporated herein by reference as fully as though set forth
at length. As used herein, the term "design standards" shall be deemed
to include "installation standards" and "locational standards."
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include, but are not limited
to, the following:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank to which sewage is conveyed by a water carrying system.
PRIVYA holding tank designed to receive sewage where water under pressure is not available.
The entity, agency or person, including a holding tank owner,
who being duly licensed by the Chester County Health Department, removes
the contents of a holding tank for purposes of transporting and/or
disposing 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.
East Whiteland Township, Chester County, Pennsylvania.
Any person vested with legal ownership, 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 Board is hereby authorized and empowered to undertake within the Township the control and methods of holding tank sewage disposal and the collection and transportation thereof. Any permit or permission for the use of holding tanks pursuant to this Part 1 is intended to provide for an interim or temporary method of disposal under circumstances where a sanitary sewer extension has been approved for connection to the public sewer system operated by the municipality and the Board has authorized the design and/or construction contracts and awaiting the completion of design and construction of the sewer system. Any such permit or permission shall be limited to a maximum of three years or such other time as the Board may deem proper under the circumstances.
No landowner shall erect, own, operate or maintain, or suffer to be erected, owned, operated or maintained, any holding tank on his lands, nor shall any person own, operate, erect or maintain any holding tank on lands of another unless a permit therefor has been issued by CCHD and DEP and security has been posted with the Board, which permit and security shall remain unexpired, unsuspended and unrevoked. In any other areas of the Township where the DEP and CCHD has allowed holding tank installation after the adoption of this Part 1, the applicant shall post all securities and assurances, as noted herein.
Before any permit to construct, own, operate
or maintain a holding tank is issued to any owner or other person
in East Whiteland Township, all of the following conditions precedent
shall have occurred:
A.
The Official Sewage Facilities Plan of East Whiteland
Township or the revision thereto indicates the use of holding tanks
for the lot and provides for replacement by adequate public sewerage
service, as approved by DEP and CCHD. The plan for replacement by
adequate sewerage service shall include appropriate assurance of the
project's implementations, such as public financing, bonding or other
security of sufficient present value to assure completion, or any
other assurances, either singularly or in combination, or such other
provisions for the discontinuance of holding tank authorization as
the DEP, CCHD or the Board deems necessary.
B.
The owner has filed with the Board copies of plans,
contracts or other assurances enforceable according to their terms
for the maintaining and removal of such holding tanks and connection
to public facilities when available, adequate security to guarantee
the performance of and payment for the same, and the assignment to
the municipality of the right to enforce all such contracts, assurances
and securities.
C.
The holding tank meets the design standards.
Holding tanks may be installed if and only if:
Upon installation of the holding tank, but prior to its maintenance and operation, the same shall be inspected by the Chester County Health Department and the Township Engineer. The Township Engineer shall certify that the same is installed in and only in accordance with the design standards and that all conditions precedent have been complied with and adequate security, as required under § 154-8 hereof has been posted. Said holding tank may be maintained and operated only during the time such permit and security remains in force. The holding tank shall be installed, operated and maintained in accordance with applicable DEP and CCHD regulations, including but not limited to 25 Pa. Code § 73.61 et seq.
The applicant shall post with the Board a letter
of credit or other similar undertaking from a reputable financial
institution or insurance carrier authorized to conduct such business
in the Commonwealth of Pennsylvania or (at the applicant's election)
an amount in cash guaranteeing:
A.
That the applicant will install and maintain the holding
tank in accordance with DEP, CCHD and Township regulations as the
same exist at the time of application.
B.
That the applicant will cause a holding tank cleaner,
duly licensed by the CCHD, to pump out such holding tank at regular
intervals and at times of malfunction or emergency and at such other
times as may be necessary to avoid overflow or other hazard and will
remove the said effluent and deposit the same at and only at an authorized
disposal facility, as approved by CCHD and DEP.
C.
That, within 30 days after public sewage facilities
are available to the lot, the owner will dismantle such holding tank
and connect to the public sewage facility and pay all costs and fees
therefor. The method of the holding tank dismantling shall be approved
by the Township Engineer and shall include, but not be limited to,
complete removal or the destruction and backfilling in place of said
tank.
D.
That, in the event that public facilities are not available within the time period stated in § 154-3, the applicant will construct alternate facilities on the site and disconnect said holding tank and pay all costs therefor. Security shall be in an amount equal to 110% of the contract prices and (in absence of such contract prices) the estimated cost of all of the foregoing, plus an additional 10% of such costs and contracts for each year beyond the first year for the duration of the permit.
E.
The security agreement shall provide that the applicant
may draw from the security so posted pumpout costs to and only to
the extent provided in accordance with the terms of the contracts
and estimates for and only for completed work. The maximum of any
draw shall be limited to the proportion of the contract completed,
materials furnished or work done. The security agreement shall provide
that, in default by the permittee and during the period such default
continues, the Board or its authorized representative may draw upon
said security for necessary payments for expenses incurred on the
Board's sole demand without the necessity of approval or concurrence
by the landowner. The amount and adequacy of the security shall be
determined by the applicant, subject to the approval of the Township
Engineer, which approval shall not be unreasonably withheld.
Any person desiring to own, construct, operate
or maintain a holding tank on lands within East Whiteland Township
shall file an application therefor on a form supplied by, or satisfactory
to, the Board, together with all plans and other materials necessary
to demonstrate compliance with all of the requirements of this part.
The Board shall establish by resolution, and may from time to time
by resolution amend, a schedule of fees for the application for such
holding tanks and the administration of this part. Upon approval by
the Board of Supervisors, the same shall be forwarded to the CCHD,
which shall, if it finds the application, plans and approvals to be
in accordance with this part, process the application in accordance
with the regulations administered by CCHD and upon approval issue
such permits.
Any person aggrieved by the action of CCHD and DEP with respect to such permit application, whether the same be based upon alleged noncompliance with the regulations of CCHD and DEP or noncompliance with the provisions of this Part 1 shall appeal from the denial of such permit in accordance with the rules and regulations established by CCHD and DEP.
Any person who violates or permits the violation of any provision of this Part 1 shall, upon conviction thereof in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense, and shall be subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. Each provision of this Part 1 that is violated shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $100 and not more than $1,000, plus the costs of prosecution, or upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. All fines and penalties collected for the violation of this Part 1 shall be paid to the Township Treasurer. The penalties hereby imposed are for violations of this Part 1. Violations of the Chester County Health Department regulations shall be punishable in accordance with the rules and regulations applicable thereto and shall be deemed in addition to any violation of the provisions hereof.
In addition to the penalties provided in § 154-11 above, the Board is authorized to file appropriate actions at law or in equity in the Court of Common Pleas in and for Chester County or before any other body having jurisdiction over the persons and activities herein regulated to abate any violations and remove any holding tank not owned, operated, maintained or constructed in accordance with the provisions of this part. Violations of this Part 1 are declared to be public nuisances, abatable as such.
