Clifford Township Susquehanna County Pennsylvania

Temporary Holding Tank Requirements

Industrial Temporary Holding Tank 
Ordinance of the Township of Clifford Susquehanna County, Pennsylvania, providing for the use and regulation of temporary holding tanks at industrial sites in and by the Township of Clifford, and imposing fines and penalties for the violation of the enactment.
Article I     Purpose and authority
        Section I.1 The purpose and intent of this Ordinance
is to provide for and regulate the use and maintenance of the temporary holding tanks; to protect the residents and inhabitants of the Township of Clifford from danger of a public health hazard or otherwise unsanitary condition caused by or arising from the use of inadequate or faulty sewage holding containers and to regulate the use and maintenance of temporary holding tanks in conformity with is law, statutes and regulations of the Commonwealth of the Pennsylvania.
Section I.2 This Ordinance is written, enacted, adopted, and enforced
by the authority granted under Article VII, Section 702, Paragraph XLI and XLII, of the second Class Township Code of the Commonwealth of Pennsylvania.
Article II: Definitions
        Section 2.1  Authority
Shall mean the Supervisors of Clifford Township Susquehanna County Pennsylvania.
        Section 2.2  Chemical Toilet
Shall mean a permanent or portable non-flushing toilet using chemical treatment in the retaining tank or odor control.
        Section 2.3  Composting Toilet
Shall mean any device for holding and processing human and organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
        Section 2.4  Disposal Site
Shall mean a suitable facility for the final disposal of human sewage which facility shall have been and remains approved for such purposes by the Department of Environmental Resources or its successor state agency.
        Section 2.5  TEmporary Holding Tank
Shall mean a watertight receptacle which temporarily receives and retains sewage by water carrying system and is designed and constructed to prevent leakage of the sewage and to facilitate ultimate disposal of the sewage at another site.
        Section 2.6  Temporary Holding tank cleaner
The landowner, person natural or legal entity, holding tank owner or proprietor, who is permitted to remove the contents of a holding tank for purpose of disposing the sewage at an approved legal site.
        Section 2.7  Industrial Property
Shall mean any property within the Township upon which there is erected a temporary structure intended for  periodic habitation, occupancy or use by human beings and from which structure sewage shall or may be discharged.

        Section 2.8  owner
Shall mean the natural person or persons, partnership, corporation, lessee, lessor or legally existing organization, who owns legal and equitable title to the temporary structures or land for which a temporary holding tank permit is sought or issued.
        Section 2.9  Person
Shall mean any individual, partnership, company, association, corporation or other group or entity
        Section 2.10  Officer                                                                                                       Shall mean the duly appointed Sewage Enforcement Officer of Clifford Township, Susquehanna County,      Pennsylvania.

        Section 2.11  Inspector                                                                                               Shall mean the Sewage Enforcement Officer, a member of the Board or any person duly appointed by the Board.
         Section 2.12  Permit                                                                                                     Shall mean the document issued to the hauler, for collection and transporting of sewage, or landowner, which authorizes the installation, use and maintenance of a holding tank, as provided for by this ordinance, for a period, not to exceed one year for the hauler or eighteen months for the owner.  At which time a new permit or extension will be required.
        Section 2.13  Privy                                                                                                      Shall mean a tank designed to receive sewage where water under pressure is not available.                                                                                                    
        Section 2.14  Recycling toilet                                                                                               Shall mean a device in which the flushing medium is restored to a condition suitable for reuse in flushing.                                                                                                                                                                                                                                                        
        Section 2.15  Retaining tank                                                                                                       Shall mean a watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. The term includes, but is not limited to chemical toilets, holding tanks, privies, incinerating toilets, composting toilets, and recycling toilets.
        Section 2.16  Sewage                                                                                                      Shall mean 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 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 any substance which constitutes pollution under the Clean Streams Law (35 P.S. Sections 691.1-691.1011).
Article IIi: right and privileges granted
That the Authority is hereby authorized and empowered to undertake within the Township the control and methods of privy use, sewage disposal and sewage collection and transportation thereof.
Article Iv: Rules and regulation
The Authority is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purposes herein.
Article V: Rules and Regulations to be in conformity with applicable law
All such rules and regulations adopted by the Authority shall be in conformity with the provisions herein, all other Ordinances of Clifford Township, and all applicable laws, and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.

Article vi: Rates and charges
The Authority shall have the right and power to fix, alter, charge and collect rates, assessments and other charges in the area served by its facilities at reasonable and uniform rates as authorized by applicable law.

Article vii: exclusiveness of rights and privileges
        Section 7.1  Collection and transportation by permitted hauler
The collection and transportation of all sewage from any improved property utilizing a retaining tank shall be done solely by or under the direction and control of the Authority, and the disposal thereof shall be made only at such site or sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania .
        Section 7.2  pumping receipts
The Authority will receive and review  pumping receipts from permitted retaining tanks.
        Section 7.3  inspection
The Authority will complete random and/or annual inspections for each permitted tank.

Article viii: duties of owner
The owner of an industrial property that utilizes a retaining tank:

        Section 8.1  Conformity of applicable law
Shall maintain the retaining tank in conformance with this or any Ordinance of Clifford Township, the provisions of any applicable law, and the rules and regulations of the Authority and any administrative agency of the Commonwealth of Pennsylvania .
        Section 8.2  Inspection
Shall permit the Authority or its agent to inspect retaining tanks as necessary and on an annual basis.
        Section 8.3  Collection and transport
Shall permit only the Authority or its approved agent to collect, transport, and dispose of the contents of the retaining tank.
Article ix: Violations
Any person who violates, or permits violation of, any provisions of Section 8 shall be liable for a civil fine of $1,000 as well as payment of all Court costs and reasonable attorneys fees incurred by the Municipality.

Article x: Abatement of Nuisances
In addition to any other remedies provided in this Ordinance, any violation of Section 8 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.

Article xi: repeal
All Ordinances or resolutions or parts of Ordinances or resolutions, insofar as they are inconsistent herewith, be and the same are hereby repealed

Article xii: severability
If any sentence, clause, section or part of this Ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Ordinance. It is hereby declared as the intent of the Board of Supervisors of Clifford Township, that this Ordinance would have been adopted had such constitutional, illegal or invalid sentence, clause, section or part thereof not been included therein.