[Ord. 1994-3B, 10/16/1994, § 1]
1.
Purposes. The purpose of this Part is to establish procedures for
the use and maintenance of existing and new privies designed to receive
and retain sewage, whether from residential or commercial uses, and
it is hereby declared that the enactment of this Part is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this Township.
2.
Limitations Upon Construction and Use of Holding Tanks. The Board
of Supervisors hereby intends that the use and construction of holding
tanks within the Township shall be permitted only in special circumstances
for existing structures whose on-site system fails, or where public
sewage facilities shall be available within one year, and then only
upon certification by the Londonderry Township Sewage Enforcement
Officer approving the installation of said holding tank.
[Ord. 1994-3B, 10/16/1994, § 2]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
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.
Londonderry Township, Dauphin County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
A permit issued by the Secretary of Londonderry Township
after the performance of inspections and tests to determine suitability
to authorize the continued use of an existing holding tank, the initial
installation and construction of a new holding tank, or the repair,
replacement or enlargement of an existing holding tank.
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 Sewage Enforcement Officer currently appointed by the
Board of Supervisors of Londonderry Township to carry out the functions
of the Sewage Enforcement Officer as set forth under the laws of the
Commonwealth of Pennsylvania and the Township of Londonderry.
[Ord. 1994-3B, 10/16/1994, § 3]
The Township is hereby authorized and empowered by the Board
of Supervisors of Londonderry Township to undertake within the Township
the control and methods of holding tank use, the issuance of required
permits and the control and methods of sewage disposal and sewage
collection and transportation thereof after certification by the Londonderry
Township Sewage Enforcement Officer approving said holding tank, in
writing.
[Ord. 1994-3B, 10/16/1994, § 4]
The Township 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.
[Ord. 1994-3B, 10/16/1994, § 5]
All such rules and regulations adopted by the Township 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.
[Ord. 1994-3B, 10/16/1994, § 6]
The Township 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.
[Ord. 1994-3B, 10/16/1994, § 7]
1.
A permit shall be obtained, from the Township by application to the
Secretary of the Township, within 60 days after the effective date
of this Part for all existing holding tanks upon certification of
the Londonderry Township Sewage Enforcement Officer approving the
same in writing. A permit shall be obtained from the Secretary of
the Township prior to the installation of any holding tank in the
Township upon certification of the Londonderry Township Sewage Enforcement
Officer approving the installation or the continuation of said holding
tank.
2.
A permit application shall be obtained from the Township.
3.
A $100 fee shall be due and paid to the Township with each application
for an on-site sewage holding tank, to cover the administrative costs
of the application, inspections and any required tests by the Township.
[Ord. 1994-3B, 10/16/1994, § 8]
1.
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall not be done by the Township
but shall be done solely under the direction and control of the Township,
and the disposal thereof shall be made only at such site or sites
as may be approved by the Department of Environmental Resources of
the Commonwealth of Pennsylvania.
2.
The Township will receive, review and retain pumping receipts from
permitted holding tanks.
3.
The Township will complete and retain annual inspection reports for
each permitted tank.
[Ord. 1994-3B, 10/16/1994, § 9]
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this Part or any ordinance
of this Township, the provisions of any applicable law, and the rules
and regulations of the Township and any administrative agency of the
Commonwealth of Pennsylvania.
B.
Permit the Township or its agent to inspect holding tanks on an annual
basis.
C.
Permit an approved disposal company approved by the Township to collect,
transport and dispose of the contents therein.
[Ord. 1994-3B, 10/16/1994, § 10; as amended by
Ord. 1997-2, 1/6/1997; and by Ord. 1998-2, 6/1/1998, § 6]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice 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 fines and costs, to a term or imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1994-3B, 10/16/1994, § 11]
In addition to any other remedies provided in this Part, any violation of § 18-309 above shall constitute a nuisance and shall be abated by the Township or the agency by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
