[Adopted 11-5-1997 by Ord. No. 146-11-97]
[Amended 4-19-2011 by Ord. No. 228-04-2011]
A.
Words and
phrases used in this article shall have the meanings and interpretations,
for purposes of this article, ascribed to them in the Sewage Facilities
Act of Pennsylvania, as now in force or hereafter amended or reenacted,[1] and in the regulations adopted under said Act by the Pennsylvania
Department of Environmental Protection, its successors or any other
agency charged with the administration or enforcement thereof, except
in those instances where the context clearly indicates a different
meaning. The singular shall include the plural, and the masculine
shall include the feminine.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
B.
ACT 537 PLAN
DEP
GPD
HOLDING TANK
SEO
TOWNSHIP
The following
terms shall have the definitions set out herein:
The Sewage Facilities Plan of North Codorus Township, or
any amendments thereto, approved by the Pennsylvania Department of
Environmental Protection.
The Pennsylvania Department of Environmental Protection.
Gallons per day.
As used in this article, this term shall have the same meaning
as, and shall be considered interchangeable with, the term "retaining
tanks" as used in Chapter 71 of the regulations of the Pennsylvania
Department of Environmental Protection, 25 Pa. Code 71.1 et seq.
The duly appointed Sewage Enforcement Officer or Alternate
Sewage Enforcement Officer of North Codorus Township.
North Codorus Township.
[Amended 2-5-2002 by Ord. No. 170-2-02]
A.
Any person who desires to install or replace a holding
tank shall file an application for a permit on a form provided by
the Township. No activity, including any earth movement, shall begin
until a permit has been issued by the Township’s SEO and/or
other appropriate Township official.
[Amended 4-19-2011 by Ord. No. 228-04-2011]
B.
Holding
tanks shall be permitted only under the following circumstances:
[Added 4-19-2011 by Ord. No. 228-04-2011]
(1)
When
the Township’s Act 537 Plan, or any amendment, provides for
a holding tank for that lot, and provides for a replacement by municipal
sewer service within a schedule approved by DEP. This requirement
shall limit the geographic areas of the Township in which a holding
tank can be installed.
(2)
When the Township or DEP determines that the use is necessary to abate a nuisance, or a public health threat, and no other remedy, including but not limited to repair or replacement of an on-lot sewage system, is available for the property, in which case the geographic limitations set out in subsection (1) shall not apply.
C.
[1]From and after the installation of a holding tank hereunder,
the landowner or the occupant of the land utilizing the same shall
cause all sewage and wastewater to be timely pumped out of or otherwise
removed from such tank so as to comply with all state and local laws,
regulations and ordinances regarding the same and so as to prevent
overflow from the tank or pollution of the waters of the commonwealth.
The collection and transportation of all sewage from any improved
property utilizing such holding tank shall be performed only by a
sewage waste hauler approved by the York County Solid Waste Authority.
In the event the landowner or occupant of the improved property utilizing
the holding tank does not timely or adequately pump out or otherwise
remove all sewage and wastewater from such tank as aforesaid, North
Codorus Township, its authorized agent or a sewage waste hauler on
behalf of the Township may enter the property and pump out or otherwise
remove all sewage and wastewater from such tank. The application for
a permit to install such holding tank, the installation thereof, and
the utilization of such holding tank shall each grant unto North Codorus
Township, its authorized agent and the said sewage waste hauler such
authority to enter the property. The sewage and wastewater collected
from such holding tank shall be disposed of only at such site or sites
as may be approved by the Pennsylvania Department of Environmental
Protection, and shall be disposed of in such a manner as to assure
compliance with all state and local laws, regulations and ordinances
regarding the same.
[Amended 4-19-2011 by Ord. No. 228-04-2011]
[1]
Editor's Note: Former subsection C, regarding receipts for
the pumping out of holding tanks, was repealed 4-19-2011 by Ord. No.
228-04-2011. This ordinance also provided for the redesignation of
former Subsection B as Subsection C.
D.
North Codorus Township or its authorized agent will
complete and retain annual inspection reports for each holding tank
permitted and installed pursuant to this article.
E.
The owner and any occupant of an improved property
that utilizes a holding tank pursuant to this article shall comply
with the following duties:
(1)
Maintain the holding tank in conformance with this
article or any ordinance of this Township, the provisions of any applicable
law, and the rules and regulations of North Codorus Township, the
Pennsylvania Department of Environmental Protection, and any administrative
agency of the Commonwealth of Pennsylvania.
(2)
Permit North Codorus Township and its authorized agent
to inspect the holding tank on an annual basis.
(3)
Permit only North Codorus Township, its authorized
agent, or a sewage waste hauler approved by the York County Solid
Waste Authority to collect, transport and dispose of the contents
of such holding tank.
[Amended 4-19-2011 by Ord. No. 228-04-2011]
(4)
Deliver or cause to be delivered to North Codorus
Township the pumping receipt each time the holding tank is pumped.
At the time a holding tank is installed pursuant
to a proper permit for the same, the landowner shall also install
a visual alarm, as approved by the North Codorus Township Sewage Enforcement
Officer, sufficient to adequately warn the landowner, occupant or
other persons of any impending overflow or malfunction, or of any
existing overflow or malfunction of the holding tank. The owner and
occupant of the property shall maintain such visual alarm system in
good operating condition at all times.
By receipt of a permit for a holding tank as
aforesaid, the landowner thereby grants the right of entry unto North
Codorus Township, its Sewage Enforcement Officer, employees, officials
and agents, to come upon the property to inspect the holding tank
and to perform emergency repairs to the system as the Township or
its Sewage Enforcement Officer or other officials or agents deem appropriate,
at such owner's expense, and if such owner fails to pay for the same,
it may be entered as a municipal claim together with interest and
attorney fees.
[Amended 4-19-2011 by Ord. No. 228-04-2011]
If a landowner installs a holding tank pursuant to § 146-10B(1), the landowner shall, and by receipt of the permit for such holding tank agrees to, connect to that public sewer system at such owner's sole cost even if the sewer main is more than 150 feet from the building served by the holding tank.
This article regulates property maintenance,
health, public safety, and water pollution. Any person, corporation,
partnership, company, firm, association, or other entity who shall
violate the provisions of this article shall, upon conviction thereof,
be sentenced to pay a fine of $100 for the first such violation and
a fine increasing in increments of $100 for each subsequent violation
but not to exceed $1,000, together with the costs of prosecution,
and, in default thereof, be sentenced to imprisonment in the York
County Prison for a period of not more than 30 days. Each day of continuing
violation shall be a separate offense.
