[Ord. 740-2007, 6/6/2007, § 1]
The purpose of this Part is to establish procedures for the
use and maintenance of existing and new holding tanks within the Township
designed to receive and retain sewage whether from residential or
commercial uses. 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.
[Ord. 740-2007, 6/6/2007, § 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.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual, partnership, company, association, corporation,
trust, estate or other legally recognized 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 or any substance
which constitutes pollution under the Clean Stream Law, 35 P.S. §§ 691.1—691.1001.
The Township of East Pennsboro, Cumberland County, Pennsylvania,
or its designated representative.
[Ord. 740-2007, 6/6/2007, § 3]
The Township is hereby authorized and empowered to undertake
within its borders the control and methods of holding tank use, sewage
disposal and sewage collection and transportation thereof.
[Ord. 740-2007, 6/6/2007, § 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. 740-2007, 6/6/2007, § 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. 740-2007, 6/6/2007, § 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. 740-2007, 6/6/2007, § 7]
1.
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall be done by an approved hauler,
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 (DEP).
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 holding tank.
[Ord. 740-2007, 6/6/2007, § 8]
1.
The owner of an improved property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this or any ordinance
of this Township, the provisions of any applicable law, and the rules
and regulations of DEP and any administrative agency of the Commonwealth
of Pennsylvania.
B.
Have the holding tank pumped out at intervals that prevent the overflow,
leakage, back up, and other malfunctions characteristic of an overloaded
system.
C.
Permit the Township to inspect the holding tank on an annual basis.
[Ord. 740-2007, 6/6/2007, § 9; as amended by Ord.
757-2009, 7/1/2009]
1.
Any violation of this Part shall constitute a nuisance and shall
be abated by the Township by either seeking mitigation of the nuisance
from the owner, or by dispatching a plumber to correct the nuisance;
in case of an emergency that threatens the health and safety of residents,
at the expense of the owner.
2.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof, 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 30 days. Each
day that a violation of this Part continues shall constitute a separate
offense.
