[Adopted 10-6-2008 by Ord. No. 119[1]]
[1]
Editor's Note: This ordinance also repealed former Art. III, Holding Tanks, adopted 3-1-1994 by Ord. No. 69, as amended.
The purpose of this article is to establish procedures for the use and maintenance of holding tanks intended to receive sewage and other wastes which cannot be discharged to public or private sewerage facilities or on-lot sewage facilities. The requirements of this article are enacted for the protection of public health and the environment and are to be interpreted and administered in accordance with the Pennsylvania Sewage Facilities Act[1] and the regulations adopted thereunder.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
Unless clearly stated otherwise, the terms used in this article are those as defined in the regulations adopted under the Pennsylvania Sewage Facilities Act, Title 25 Pa. Code, Chapters 71, 72 and 73, as may be amended or recodified.
ACT
The Pennsylvania Sewage Facilities Act and the regulations adopted thereunder.
HOLDING TANK ORDINANCE
This Article III.
IMPROVED PROPERTY
Any real property within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by humans or animals and from which structure sewage is or may be discharged.
OWNER
Any person vested with ownership, whether legal or equitable, in fee, by the entireties, or joint, in an improved property or the structure thereupon.
PERMIT
As used in this Article III, the permit issued by the Township for the construction and use of a holding tank.
PERSON
Any individual, partnership, corporation, association, company, municipality or other legal entity.
TOWNSHIP
Hamilton Township, Adams County, Pennsylvania, its Board of Supervisors, employees, agents, authorized representatives and contractors.
The Township may, from time to time by resolution, adopt such other rules or regulations as may be necessary to administer or implement the requirements of this article or its obligations under the Act.
A. 
Installation or use of a holding tank without a permit, or after the suspension or revocation of an issued permit, is unlawful under the Act and this article. Permits will be issued by the Township as provided by this article and Chapter 72 of the regulations, as amended, revised or recodified. The provision of this Article III is for the protection of public health and safety and does not create an obligation on the Township to issue permits for holding tanks. The Township may refuse, at its sole discretion, to issue a permit if it believes that the use of a holding tank on any particular property is not in the public interest, if the use of a holding tank is not provided for by other applicable ordinances, if the use of a holding tank would invoke the Plan Amendment provisions of the Act, or for any other reason.
B. 
Permits shall only be issued for holding tanks serving a single household or serving one recreational vehicle dump station or institutional or commercial establishment with a projected sewage flow of less than 800 gallons per day.
C. 
Holding tanks shall be designed, constructed and installed as required by 25 Pa. Code § 73.62 and any other applicable statutory or regulatory requirements, or requirements established by the rules and regulations of the Township.
D. 
Holding tanks installed in the Township shall be emptied as frequently as necessary, but in no case shall a holding tank be allowed to contain 75% or more of its capacity. A holding tank found to contain 75% or more of its capacity at any time shall be a violation of this article.
E. 
The requirements as set forth in the holding tank agreement created by § 103-19 of this article shall be requirements of this article and a violation of any such requirement shall be a violation of this article and subject to the penalties provided herein.
F. 
As required by 25 Pa. Code § 71.63(c), the Township shall conduct an annual inspection of all holding tanks to ensure their proper condition and operation. The costs of such inspections shall be paid by the owner upon presentation of an invoice for the service. Upon notice from the Township, the owner of a holding tank found to require maintenance, repair, replacement, cleaning, pumping or any other response action shall promptly undertake such action and report to the Township when the action has been completed, upon which notice the Township may conduct a follow-up inspection, the cost of which shall also be paid by the owner. Failure to undertake a response action within 10 days of receipt of notice shall be a violation of this article.
A. 
Applicants for a permit shall submit to the Township:
(1) 
Complete plans for the proposed holding tank, including information on the use of the improved property which the holding tank will serve and the expected sewage flow from the proposed use, which shall not exceed the normal flow from one household, or in the case of a recreational vehicle dump station or institutional or commercial establishment shall not exceed a flow of 800 gallons per day.
(2) 
A sum of money in an amount (to be determined by the Township Sewage Enforcement Officer) adequate to pay for the emptying of the holding tank and the repair of a malfunctioning holding tank should the owner fail to maintain or operate the holding tank as required, which such sum shall be placed in an escrow account by the Township for such use. From time to time the costs of repair of each permitted holding tank shall be reevaluated by the Township Sewage Enforcement Officer and if the amount of money then in the escrow account for that tank is insufficient, the Township shall notify the owner of the amount necessary to bring the escrow account up to value. If the owner shall fail to tender the necessary sum, the permit shall, upon 10 days' written notice to the owner, become void and the use of the holding tank after that date shall be unlawful and subject to the penalties prescribed by this article or otherwise allowed by law. Upon abandonment or removal of the holding tank, such money as shall remain in the escrow account, including any interest accrued thereon, shall be paid over to the owner.
(3) 
An executed contract for pumping which states the name and address of the hauler, the name and contact information of the receiving sewage treatment plant, and includes a requirement to empty the holding tank whenever it reaches 50% of its capacity.
(4) 
A holding tank agreement as set forth in § 103-19 of this article, executed by the owner.
(5) 
The permit application fee as established by the Township.
B. 
The application shall be reviewed by the Codes Enforcement Officer and the Sewage Enforcement Officer. Upon their approval and recommendation, the Township shall authorize the execution of the holding tank agreement and the issuance of a permit, both of which may be subject to such additional terms and conditions as the Codes Enforcement Officer, the Sewage Enforcement Officer or the Board of Supervisors shall deem necessary and appropriate.
C. 
By applying for and accepting a permit, an owner agrees that the Township shall have the right at all times to enter the improved property and inspect the holding tank and its appurtenances. Refusal of entry of a Township representative by an owner, lessee or tenant of the improved property shall be cause for immediate revocation of the permit and shall be a violation of this article.
Every owner desiring to obtain a permit for a holding tank shall enter into an agreement in the form set forth herein. The terms and conditions of each such agreement may be amended as necessary, but in no case shall the terms of such an agreement be less stringent than the terms set forth herein. The terms and conditions of each such holding tank agreement shall be deemed requirements of the Holding Tank Ordinance and subject to the penalties provided herein for the violation of this article.
[1]
Editor's Note: A copy of the holding tank agreement is included at the end of this chapter.
All of the requirements of this article, including the penalties hereunder, shall apply to all owners or occupiers of land for which a holding tank is used for sewage disposal as of the effective date of this article, regardless of whether or not a holding tank agreement has been entered into or a permit issued. In the case of an existing holding tank for which no agreement was entered into or for which no permit was obtained, the owner shall, within 30 days of notice from the Township, submit an application for a permit, post the required bond and enter into the holding tank agreement specified in this article, or abandon the use of such a holding tank.
A. 
The violation of any provision of this Article III shall be a public nuisance and abatable at law and in equity.
B. 
Any person who violates or permits a violation of any provision of this Article III shall, upon conviction before a District Magistrate in a summary proceeding, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the person may be sentenced to imprisonment for a term not exceeding 90 days. Each day that a violation shall continue shall be a separate offense. Each separate provision of this Article III that is violated shall be a separate offense.
C. 
Upon receipt of a notice of a violation, the owner may contest the notice by requesting a hearing in writing before the Board of Supervisors of the Township as provided by the Local Agency Law.[1] Failure to file a request for a hearing within 10 days of receipt of the notice shall be a waiver of the right to a hearing. An adjudication of the Township for which administrative review had been available shall not be subject to administrative or judicial review in any civil or criminal proceeding for enforcement.
[1]
Editor's Note: See 2 Pa.C.S.A. § 105.