[Adopted 3-15-1993 by Ord. No. 1993-4]
The purpose of this article is to establish procedures for the use and maintenance of existing and new holding tanks designed to retain sewage, whether from residential or commercial or industrial 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 residents of West Hanover Township.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
HOLDING TANK
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 to an approved site.
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.
PERMIT
A written approval as issued by the Sewage Enforcement Officer of the township authorizing utilization of a holding tank.
PERSON
Any individual, partnership, company, association, corporation or any other group or entity.
SEWAGE
Any substance that contains any of the waste products or excrement or other discharge from 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.
SEWAGE ENFORCEMENT OFFICER
The person appointed by the Board of Supervisors to administer the provisions of this article and to administer the Sewage Facilities Act[1] and regulations adopted with regard thereto.
TOWNSHIP
West Hanover Township, Dauphin County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
The township is hereby authorized and empowered to undertake within the township the control and methods of holding tank use, sewage disposal and sewage collection and transportation thereof.
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.
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.
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.
A. 
The collection and transportation of all sewage from any improved property utilizing a holding tank 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 of the Commonwealth of Pennsylvania.
B. 
The township will receive, review and retain pumping receipts from permitted holding tanks. Pumping receipts shall be submitted to the township on the first day of January, April, July and November for all pumping performed in the three-month period immediately preceding the submittal date.
C. 
The township will complete and retain annual inspection reports for each permitted tank. Inspection fees, as adopted by resolution of the township, shall be paid by the owner.
The owner of an improved property that utilizes a holding tank shall:
A. 
Prior to issuance of the holding tank permit, enter into an agreement with a licensed hauler approved by the township, evidencing the hauler's agreement to collect, transport and dispose of the contents of the holding tank at a licensed permanent dumping site.
B. 
Obtain a permit from the Sewage Enforcement Officer for permission to install a holding tank. Prior to and as a condition of issuance of the permit, the property owner shall pay the applicable permit fee and shall pay an additional sum as prescribed by resolution as security for the compliance by the property owner with the provisions of this article.
C. 
Maintain a holding tank in conformance with this or any ordinance of the township, the provisions of any applicable law and the rules and regulations of the township and any administrative agency of the Commonwealth of Pennsylvania.
D. 
Permit only the township or its agent to inspect the holding tank on an annual basis.
E. 
Permit only the township or a licensed hauler approved by the township to collect, transport and dispose of the contents therein.
F. 
Pay within 10 days any charge, rate or assessment which is fixed by the township.
G. 
Fill or remove any holding tank which has remained unused for a period of four consecutive years, filling said holding tank with dirt or a similar material; or fill or remove any holding tank within 30 days after connection to another approved system.
In addition to any other remedies provided in this article, any violation of this article shall constitute a nuisance and shall be abated by the township by either seeking mitigation of the nuisance or appropriate equitable relief from a court of competent jurisdiction.
No permit for the use of a holding tank shall be issued, whether pursuant to this article, any rules or regulations adopted herein or otherwise, unless all other possible means of collecting and disposing of sewage at the property in question have been considered and found to be unusable.
Any person who violates any provision of § 158-24 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $100 and not more than $300, and, in default of said fine and costs, to undergo imprisonment in the county prison for a period not in excess of 30 days.