The purpose of this article is to establish
procedures for the use and maintenance of holding tanks 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 Township.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
AUTHORITY
Greene Township Municipal Authority, a Pennsylvania municipal
authority.
HOLDING TANK
A watertight receptacle which receives and retains
sewage and is designed and constructed to facilitate ultimate disposal
of the sewage at another site. Holding tanks include but are not limited
to the following:
B.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
C.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
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 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.
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 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.
TOWNSHIP
Greene Township, Franklin County, Pennsylvania.
The Authority is hereby authorized and empowered
to undertake within the Township the control and methods of holding
tank sewage disposal and the 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, all other
ordinances 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 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.
[Amended 3-26-2002 by Ord. No. 2002-4]
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 Authority, 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.
The owner of an improved property that utilizes
a holding tank shall:
A. Maintain the holding tank in conformance with this
article or any ordinance 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 anyone acting under the
direction of the Authority to collect, transport, and dispose of the
contents therein.
[Amended 3-26-2002 by Ord. No. 2002-4]
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
In addition to any other remedies provided in this article, any violation of §
67-8 above shall constitute a nuisance and may be abated by the municipality or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.