[Adopted 4-5-2005 by Ord. No. 156-05]
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 Jackson
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 Jackson Township, York 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 Jackson 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 or partial,
of any property located in Jackson 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.
The authority is hereby authorized and empowered to undertake within
Jackson Township the control and methods of holding tank installation and
use, collection and transportation of sewage from holding tanks and proper
disposal of sewage from holding tanks.
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 purpose herein.
All such rules and regulations adopted by the authority shall be in
conformity with the provisions herein, all other ordinances of Jackson Township
and all applicable laws and applicable rules and regulations of administrative
agencies of the Commonwealth of Pennsylvania.
A holding tank permit must be secured from the Township Sewage Enforcement
Officer prior to the installation of such tank. Each applicant for a holding
tank shall submit the required application form and required information along
with the required application and inspection fees, which fees shall be set
by resolution of the Jackson Township Board of Supervisors.
A.
The collection and transportation of all sewage from
any holding tank on an improved property shall be done solely by or under
the direction and control of a collector/hauler licensed to do so by the York
County Solid Waste and Refuse Authority and the disposal of such sewage 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 authority will receive and retain applications and
permits for holding tanks and annual inspection reports from the Township
Sewage Enforcement Officer for each permitted tank.
C.
The authority will receive, review and retain pumping
receipts (York County Solid Waste and Refuse Authority manifest copies) submitted
by property owners from haulers servicing permitted holding tanks.
The owner of an improved property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this article,
the provisions of any applicable law and the rules and regulations of the
authority and any administrative agency of the Commonwealth of Pennsylvania.
B.
Permit the Township Sewage Enforcement Officer to inspect
the holding tank on an annual basis and pay the required fee for that inspection.
C.
Make arrangements with a collector/hauler licensed by
the York County Solid Waste and Refuse Authority to collect, transport and
appropriately dispose of the contents of the holding tank on an as-needed
basis and to have that collector/hauler furnish proof of same via a copy of
the York County Solid Waste and Refuse Authority manifest which the property
owner must then submit to the Jackson Township Municipal Office.
Any person who violates any provision of § 99-36, shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs of prosecution and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day on which a violation shall be continued shall be deemed a separate offense.
In addition to any other remedies provided in this article, any violation of § 99-36 above shall constitute a nuisance and shall be abated by Jackson Township or the authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
