Township of Hempfield, PA
Westmoreland County
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Table of Contents
Table of Contents
[Adopted 7-26-2004 by Ord. No. 2004-9]
The purpose of this Part 4 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 Part 4 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 Part 4 shall be as follows:
AGENCY
The Township of Hempfield, Westmoreland County, Pennsylvania.
AUTHORITY
The Hempfield Township Municipal Authority of Westmoreland County, Pennsylvania.
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 at another 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.
MUNICIPALITY
Hempfield Township, Westmoreland 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.
SEWAGE
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 agency 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 agency 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 agency shall be in conformity with the provisions herein, all other ordinances of the Township, all applicable laws, and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.
This agency 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 a hauler approved by the DEP and the agency or the Authority, if the agency delegates to the Authority such authorization, 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 (hereinafter "DEP").
B. 
The agency or the Authority, if so designated, will receive, review and retain pumping receipts from permitted holding tanks.
C. 
The agency or the Authority, if so designated, will complete and retain annual inspection reports for each permitted tank.
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 agency and any administrative agency of the Commonwealth of Pennsylvania.
B. 
Permit only the agency, the Authority, if so designated, or their agent to inspect holding tanks on an annual basis.
C. 
Permit only the hauler approved by the agency or the Authority, if so designated, and the PA DEP to collect, transport and dispose of the contents therein.
A holding tank shall be permitted for institutional, recreational, commercial or residential use upon the owner presenting to the Township a written certification from the Authority certifying to the following:
A. 
The Authority will construct a public sanitary sewer line which will provide sanitary sewer service to the applicant's property.
B. 
The aforesaid sewer line construction will provide service to the owner's property within 18 months of the date of the installation of the holding tank and occupancy or use of the structure by the owner.
C. 
When the Township, Authority or DEP determines that the use of a holding tank is necessary to abate a nuisance or public health hazard.
Any person who violates any provisions of § 67-107, shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $300 and not more than $1,000, and in default of said fine and costs to undergo imprisonment in the county prison for a period of not in excess of 30 days.
In addition to any other remedies provided in this Part 4, any violation of § 67-107 above shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
The owner shall enter into an agreement with the Township and the Authority in a form prescribed by the Township Solicitor and approved by the Township Solicitor.