[Adopted 5-22-2001 by Ord. No. 5-2001]
The purpose of this article is to establish
procedures for the use and maintenance of existing and new holding
tanks designed to receive and retain sewage, whether from residential
or commercial uses, and it is hereby declared that the enactment of
this article is necessary for the protection, benefit and preservation
of the health, safety and welfare of the inhabitants of South Strabane
Township.
Unless the context specifically and clearly
indicates otherwise, the meanings of terms used in this article shall
be as follows:
The Board of Supervisors of South Strabane Township, Washington
County, Pennsylvania.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water-carrying system
and is designed and constructed to facilitate the ultimate disposal
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.
Any person vested with ownership, legal or equitable, sole,
partial or together with others, 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.
South Strabane Township, Washington County, Pennsylvania.
The Board is hereby authorized and empowered
to undertake within the Township the control and methods of holding
tank construction, maintenance, removal, use, sewage disposal and
sewage collection and transportation of the contents of said tanks.
A.
The Board
is hereby authorized and empowered to adopt such rules, regulations
and conditions concerning holding tanks that it may deem necessary
from time to time to effect the purposes of this article.
B.
All such
rules, regulations and conditions adopted by the Board shall be in
conformity with the provisions herein, all other ordinances of the
Township and all applicable laws and applicable rules and regulations
of administrative agencies of the Commonwealth of Pennsylvania.
The Board shall have the right and power to
fix, alter, charge and collect rates, assessments and other charges
in connection with the administration of this article at reasonable
and uniform rates not contrary to applicable law.
A.
The collection and transportation of all sewage from
any improved property utilizing a holding tank shall be done solely
by or under the direction and control of the Board, 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.
B.
The Board, or designated representatives, shall receive,
review and retain pumping receipts from each permitted holding tank.
C.
The Board, or designated representatives, shall complete
and retain annual inspection reports for each permitted holding tank.
The owner of an improved property that utilizes
a holding tank shall:
A.
Maintain the holding tank in conformance with this
article or any other ordinance of the Township, the provisions of
any applicable law, and the rules, regulations and conditions of the
Board and any administrative agency of the Commonwealth of Pennsylvania.
B.
Permit the Board or its agents to inspect holding
tanks on an annual basis.
C.
Permit the Board or its agents or an approved hauler
to collect, transport and dispose of the contents therein.
D.
Enter into a written agreement with the Township providing
for the duties and obligations of said property owner with respect
to, but not limited to, the construction, use, maintenance and removal
of holding tanks.
E.
Provide such financial security for the performance
of his undertakings and obligations as set forth in any written agreement
with the Township.
Any person who violates any of the provisions
of this article shall, upon conviction thereof, be sentenced to pay
a of not more than $1,000 for each violation or, alternatively, sentenced
to pay a fine of not more than the maximum permitted under Pennsylvania
law as the same may be from time to time amended and in effect as
of the date of conviction.
In addition to any other remedies provided in this article, any violation of § 187-32 above shall constitute a nuisance and may be abated by the Township or the Board by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
