[HISTORY: Adopted by the Board of Commissioners of the Township of
Caln 11-6-1957 by Ord. No. 1957-13. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "On-Lot Sewage Disposal
Ordinance of Caln Township."
As used in this chapter, the following terms shall have the meanings
indicated:
Pennsylvania Sewage Facilities Act, 1966, Jan. 24, P.L. (1965), 1535,
35 P.S. § 750.1 et seq. ("Act 537").
[Added 5-27-2004 by Ord. No. 2004-9]
The Board of Commissioners of Caln Township.
[Added 5-27-2004 by Ord. No. 2004-9]
The Department of Environmental Protection of the Commonwealth of
Pennsylvania.
[Added 5-27-2004 by Ord. No. 2004-9]
The office of the Chester County Health Department.
[Added 5-27-2004 by Ord. No. 2004-9]
Design standards for holding tanks as established by the DEP in 25 Pa. Code Subsection 73.61 et seq., as well as all relevant installation and locational standards established by such regulations, and specifications for the design, installation and removal of holding tanks as adopted by resolution of the Board from time to time pursuant to § 124-6B of this chapter.
[Added 5-27-2004 by Ord. No. 2004-9]
Watertight receptacle whether permanent or temporary which receives
and retains sewage conveyed by a water carrying system 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:
[Added 5-27-2004 by Ord. No. 2004-9]
A CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank to which sewage is conveyed by a conveyance 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 DEP or the CCHD, removes contents of a holding tank
for purposes of transporting and/or disposing of sewage at another site.
[Added 5-27-2004 by Ord. No. 2004-9]
Any property within the Township upon which there has been erected
a structure intended for continuous or periodic habitation, occupancy or use
and from which structure sewage is discharged to an existing on-site sewage
system serving the structure which has failed and the regulatory authorities
having jurisdiction will not issue a permit for any conventional method of
on-site sewage disposal to replace the failed system.
[Added 5-27-2004 by Ord. No. 2004-9]
The method whereby human excrement, toilet paper, garbage, dishwater
and the wash water from various plumbing fixtures and floor drains are disposed
of in the ground where a central sewer system is not available for such disposal.
Any person vested with ownership, legal or equitable, sole or partial,
of any improved property located in the Township.
[Added 5-27-2004 by Ord. No. 2004-9]
Any individual, partnership, company, association, corporation or
other group or entity.
[Amended 5-27-2004 by Ord. No. 2004-9]
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. This specifically excludes waste waters of industrial origin.
[Added 5-27-2004 by Ord. No. 2004-9]
The official or designee of the Township who is licensed by the Commonwealth
of Pennsylvania to act in such capacity and who issues and reviews permit
applications and conducts such investigations and inspections as are necessary
to implement the provisions of the Pennsylvania Sewage Facilities Act, 1966,
Jan. 24, P.L. (1965) 1535, 35 P.S. § 750.1 et seq. ("Act 537").
[Added 5-27-2004 by Ord. No. 2004-9]
Caln Township, Chester County, Pennsylvania.
[Added 5-27-2004 by Ord. No. 2004-9]
[Amended 7-7-1965 by Ord. No. 1965-5; 5-27-2004
by Ord. No. 2004-9]
All on-lot sewage disposal systems or facilities shall be constructed, reconstructed, installed and established in conformity with the requirements of Act 537 and the regulations promulgated thereto which are codified in Title 25 of the Pennsylvania Code, Chapter 73.
[Amended 1-17-1962 by Ord. No. 1962-3; 5-27-2004
by Ord. No. 2004-9]
A.
Any person desiring to install, construct, reconstruct
or enlarge any on-lot sewage disposal system or facility shall file an application
with the Township on forms supplied by the Township. The application shall
include a sketch or plan of the proposed system together with a copy of the
permit issued by the CCHD for such system.
B.
Upon receipt of a complete application and permit issued
by the CCHD, the Township Codes Department shall review the application and
permit and make sure that it complies with the terms of this chapter. If the
application and permit are complete and in accordance with all criteria of
this chapter, the Township shall issue a permit for the installation of the
on-lot sewage disposal system.
C.
The owner of the property where the on-lot sewage disposal
system is installed shall obtain a final inspection of the on-lot sewage disposal
system by a Sewage Enforcement Officer before the system is covered. A copy
of the Sewage Enforcement Officer's final inspection report shall be
submitted to the Township."
[Amended 1-17-1962 by Ord. No. 1962-3]
The Township Zoning Officer or other qualified inspector as determined
by the Board of Commissioners shall keep a permanent record of all applications,
together with plan drawings, or sketches of all on-lot sewage disposal systems
as may be installed, constructed, reconstructed or enlarged as required by
the terms of this chapter.
[Amended 1-17-1962 by Ord. No. 1962-3; 5-27-2004
by Ord. No. 2004-9]
A.
Purpose. The purpose of this § 124-6 is to establish procedures for the installation, use and maintenance of holding tanks designed to receive and retain sanitary sewage, whether from residential or commercial sources, when an existing conventional on-site sewer system located on an improved property has failed and its replacement with a conventional on-site system will not be permitted by the regulatory authorities having jurisdiction over such sewage systems. It is hereby declared that the enactment of this § 124-6 is necessary for the protection, benefit and preservation of health, safety and welfare of the inhabitants of Caln Township.
B.
Rules and regulations. The Board is hereby authorized
and empowered to adopt by resolution, from time to time, such rules and regulations
concerning sewage and holding tanks which it may deem necessary from time
to time to effect the purpose hereof. All such rules and regulations adopted
by the Board shall be in conformance with the provisions herein, all other
ordinances of the Township, and all applicable laws and rules and regulations
of administrative agencies of the Commonwealth of Pennsylvania.
C.
Imposition of charges; escrow fees, reimbursement of
Township expenses.
(1)
The Board shall have the right and power to fix, alter, charge and collect rates, assessments and other charges at reasonable and uniform rates as authorized by applicable law for the costs of administering this § 124-6 and the issuance of permits for the use of holding tanks on an improved property in the Township. All unpaid rates, assessments and other charges, together with penalties as set by resolution of the Board thereon for nonpayment, shall be a municipal claim and a lien on the improved property. Interest at the rate of 6% per annum is hereby imposed and shall be collected on all such charges from the date of filing of a lien therefor in the manner provided in the Municipal Lien Law.
(2)
The owner of the improved property shall be required to establish an escrow account with the Township in an amount determined by the operation and maintenance agreement which is required by the terms of § 124-6E of this chapter. The escrow fees shall be used to guarantee the improved property owner's compliance with the terms of the operation and maintenance agreement.
(3)
The owner of the improved property where a holding tank
is installed or shall be installed shall reimburse the Township for all of
the Township's administrative costs, including legal and engineering
fees, that are incurred in connection with the preparation, approval and execution
of the operation and maintenance agreement and issuance of approval for a
holding tank. In the event the owner of the improved property does not fully
reimburse the Township for all of its costs and expenses, including legal
and engineering fees, the Township is authorized to use the funds in the escrow
account. The owner of the improved property shall be required to deposit additional
funds in escrow to maintain a minimum balance as required by the operation
and maintenance agreement.
D.
Exclusiveness of rights and privileges. The collection
and transportation of all sewage from any improved property utilizing a holding
tank shall be done solely by a holding tank cleaner at the expense of the
improved property owner and, whenever determined by the Township to be necessary,
under the direction and control of the Township's Department of Code
Enforcement, and the disposal thereof shall be made only at such site or sites
as may be approved by DEP. The improved property owner shall file with the
Township all pumping receipts from permitted holding tanks within 30 days
of such pumping, which shall be retained by the Township.
E.
Duties of owner of improved property. The owner of an
improved property that utilizes a holding tank shall:
(1)
Maintain the holding tank in conformance with this § 124-6, the provisions of any applicable law, and the rules and regulations established by the Board by resolution and any administrative agency of the Commonwealth of Pennsylvania.
(2)
Permit only holding tank cleaners approved by the Township
to collect, transport and dispose of the contents thereof.
(3)
Have a licensed sewage enforcement officer inspect the
holding tank at least once every six months and provide a written report from
such inspection to the Township.
(4)
Repair and replace as necessary any component parts of
the holding tank as determined to be necessary by the Sewage Enforcement Officer
or Township Codes Department.
(5)
Submit a pumping and maintenance schedule for the holding
tank to the Township and update such schedule as determined to be necessary
by the Sewage Enforcement Officer.
(6)
Execute an operation and maintenance agreement with the
Township which outlines the improved property owner's obligations and
responsibilities concerning the installation and maintenance of the holding
tank.
(7)
Post financial security with the Township in an amount
determined by the Board in the operation and maintenance agreement to guarantee
the improved property owner's compliance with the terms of the operation
and maintenance agreement.
F.
Abatement of nuisance. In addition to any other remedies provided in this chapter, any violation of § 124-6E and any violation of the terms of an executed operation and maintenance agreement shall constitute a nuisance and may be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
G.
Additional remedies. In addition to the penalties provided in § 124-9 of this chapter, the Township 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 violations and remove any holding tank not owned, operated, maintained or constructed in accordance with the provisions of this § 124-6. Violations of this § 124-6 are declared to be public nuisances, abatable as such.
[Amended 1-17-1962 by Ord. No. 1962-3; 5-27-2004
by Ord. No. 2004-9]
Connections to an existing central sewer system, whether municipally or privately owned, shall be made in accordance with the provisions of Chapter 128 of the Caln Township Code, titled "Sewers."
[1]
Editor's Note: Former § 124-8, Fees, as amended, was
repealed 5-27-2004 by Ord No. 2004-9.
[Amended 7-8-1975 by Ord. No. 1975-11; 5-27-2004
by Ord. No. 2004-9]
Any person who violates or permits the violation of any provision of
this chapter or who shall fail to comply with any order issued pursuant to
any section thereof shall, upon conviction thereof in a summary proceeding
brought before a District Justice, 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. Upon default of payment thereof, the
defendant may be sentenced to imprisonment in the county prison for a period
of not more than 30 days. Each section or provision of this chapter that is
violated shall constitute a separate offense; and each day or portion thereof
in which a violation of this chapter is found to exist 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 and, upon default of payment thereof,
the defendant may be sentenced to imprisonment in the county prison for a
term not more than 30 days.
