[Adopted 10-3-2002 by Ord. No. 2002-8]
The purpose of this article 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 article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this municipality.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
AUTHORITY
The Metal Township Municipal Authority of Metal Township, Franklin County, Pennsylvania.
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.
MUNICIPALITY
Metal Township, Franklin County, Pennsylvania.
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.
PRIVY
A watertight receptacle, whether permanent or temporary, which receives and retains sewage where water under pressure or piped waste water is not available and is designed and constructed to facilitate the ultimate disposal of sewage at another site.
SEWAGE
A combination of water carried wastes from residences, commercial establishments, industrial facilities, and institutions.
The Authority is hereby authorized and empowered to undertake within the Township the control and methods of privy use, sewage disposal and sewage collection and transportation thereof.
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 purposes herein.
All such rules and regulations adopted by the Authority shall be in conformity with the provisions herein, the Code of the Township, and all applicable laws, and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.
The Authority shall have the right and power to 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.
A. 
At such time that the property owner connects to the Authority's wastewater treatment system, the property owner must remove the privy or abandon and render it inoperable following the applicable rules and regulations of the Authority.
B. 
The property owner must show that site and soil suitability testing of the lot has been conducted by the Sewage Enforcement Officer and that the site meets the Title 25, Chapter 73 (Standards for Sewage Disposal Facilities), requirements for the ultimate sewage disposal by an approved on-lot system if water under pressure or piped waste water becomes available to the lot.
C. 
At such time that water under pressure becomes available, the property owner must remove the privy and replace the privy with an approved on-lot system.
D. 
The conditions of use described in Subsection B above do not apply:
(1) 
To a privy to be used on an isolated lot which is one acre or larger and is not nor will not be served by water under pressure in the future.
(2) 
To temporary use of portable retention tanks where their use is proposed at construction sites or at the site of public gatherings and entertainment.
E. 
Specific conditions for use of privies shall be incorporated in the permit application and permit for the proposed use of a privy.
F. 
The Authority is provided the opportunity to inspect the privy for proper operation, maintenance and content disposal.
A. 
Location.
(1) 
The privy shall be located so as to minimize any danger of contamination of water supplies. Where possible, the privy shall be downgrade and at least 50 feet from any source of water supply.
(2) 
The structure shall be accessible to the user, and at least 50 feet away from any building served.
(3) 
Consideration shall be given to the discretion of prevailing winds to reduce odor nuisances.
B. 
Construction.
(1) 
The superstructure shall be constructed of substantial materials.
(2) 
The vault shall be large enough to provide for several years use and be constructed to meet the specifications of § 73.31(b) (relating to standards for septic tanks).
(a) 
Tanks shall be water-tight and constructed of sound and durable material not subject to excessive corrosion or decay.
[1] 
Precast concrete tanks shall have a minimum wall thickness of 2 1/2 inches and be adequately reinforced.
[2] 
Precast slabs used as covers shall have a thickness of at least three inches and be adequately reinforced.
[3] 
Tanks having a liquid capacity of 5,000 gallons or less may not be constructed of blocks, bricks or similar masonry construction.
[4] 
Steel tanks shall meet United States Department of Commerce Standards 177-62.
(b) 
The depth of liquid in any tank or its compartments shall be:
[1] 
Not less than 2 1/2 nor more than five feet for tanks having a liquid capacity of 600 gallons or less.
[2] 
Not less than three feet nor more than seven feet for tanks having a liquid capacity of more than 600 gallons.
(c) 
No tank or compartment may have an inside horizontal dimension less than 36 inches.
(d) 
Septic tank installations shall consist of tanks with multiple compartments or multiple tanks. The first compartment or tank shall have at least the same capacity as the second but may not exceed twice the capacity of the second. Tanks or compartments shall be connected in series and may not exceed four in number in any one installation.
(3) 
The vault shall be equipped with a roof-ventilating stack that is screened to prevent entrance of flies.
(4) 
An exterior cleanout shall be provided for the vault.
(5) 
The superstructure shall be fly-tight, well ventilated and fastened solidly to the vault.
(6) 
The door shall be self-closing and provided with weatherstripping to make it insect proof.
(7) 
The seat and cover shall be constructed of smooth and easily cleanable material, and the cover shall be self-closing.
(8) 
An earth mound shall be placed around the privy, or a surface water diversion shall be constructed to keep surface water from flooding the vault.
The collection and transportation from any improved property utilizing a privy shall be done solely by or under the direction and control of the Township, and the disposal thereof shall be made only at such sites as may be approved by the Department of Environmental Protection or the Commonwealth of Pennsylvania.
The owner of an improved property that utilizes a privy shall:
A. 
Maintain the privy in conformance with this article and the Code of this Township, 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 only the Authority or its agent to collect, transport, and dispose of the contents therein.
C. 
Abandon the privy consistent with applicable public health and environmental standards and obtain a permit for and install an approved on-lot system meeting Chapter 73 standards in the event that water under pressure or piped waste water becomes available to the property.
D. 
Abandon the privy if the municipality and/or Authority determine that such abandonment is necessary according to rules and regulations of the Authority.
E. 
Permit the Authority to enter upon lands to inspect the privy for proper operation, maintenance and contents disposal.
Any person who violates any provisions of this article shall, upon conviction thereof by summary proceedings brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense, and shall be subject to the payment of a fine not to exceed $1,000, plus the costs of prosecution and upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison to the extent allowed by law for the punishment of summary offenses pursuant to the Second Class Township Code, Act No. 172 of 1996, 53 P.S. § 66601(2).
In addition to any other remedies provided in this article, any violation of § 18-60 above shall constitute a nuisance and shall be abated by the Municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
In all other respects, the Code of the Metal Township shall remain as previously enacted and ordained.