The purpose of this Part 1 is to establish procedures for the
use and maintenance of holding tanks designed to receive and retain
sewage, whether from residential or commercial uses, and it is hereby
declared that the enactment of this Part 1 is necessary for the protection,
benefit and preservation of the health, safety, and welfare of the
inhabitants of this Township.
For the purpose of these regulations, certain terms and words
used herein are defined as follows:
HOLDING TANK
A watertight receptacle which receives and retains sewage
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;
A. CHEMICAL TOILET — A toilet using chemicals that discharge to
a holding tank.
B. RETENTION TANK — A holding tank where sewage is conveyed to
it by a water-carrying system.
C. VAULT PIT PRIVY — A holding tank designed to receive sewage
where water under pressure is not available.
IMPROVED PROPERTY
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.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
PERSON
Any individual, partnership, company, association, corporation
or other group or entity.
SEWAGE
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.
TOWNSHIP
White Township, Indiana County, Pennsylvania.
The use of holding tanks for sewage disposal, in lieu of treatment
tanks and subsurface absorption areas in White Township, Indiana County,
Pennsylvania, is hereby authorized and approved so long as they are
installed and maintained in accordance with the provisions of this
Part 1 and the rules and regulations of the Commonwealth of Pennsylvania
and of the Supervisors of this Township.
The owner of an improved property that utilizes a holding tank
shall:
A. Maintain the holding tank in conformance with this Part 1 or any
ordinance of this Township, the provisions of any applicable law,
and the rules and regulations of any administrative agency of the
Commonwealth of Pennsylvania applicable thereto.
B. Clean the holding tank and dispose of the contents therein at a disposal
site approved by the Department of Environmental Protection under
the direction and supervision of the Township of White.
C. In the event the owner fails to properly maintain and clean the holding
tank, the Township of White, its servants and employees are hereby
empowered to maintain and clean the holding tank in accordance with
this Part 1 and impose the cost thereof upon the owner which if not
paid may be filed as a municipal lien.
No person shall maintain and use a holding tank in the Township
of White without first securing a permit from the Pennsylvania Department
of Environmental Protection and from the Township of White.
Any person, firm or corporation who shall violate any provision of this Part
1, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part
1 continues or each section of this Part
1 which shall be found to have been violated shall constitute a separate offense.
In addition to any other remedies provided in this Part
1, any violation of §
235-4 above shall constitute a nuisance and may be abated by the municipality or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.