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.
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.