[Adopted 12-28-1994 by Ord. No. 61]
As part of any zoning and subdivision approval
proposing the use of a COLDS, compliance with these rules and regulations
shall be a condition of any such approval, including the condition
that the system shall be subject to a continuing offer of dedication
to the Township. All COLDS, as herein defined, to be constructed shall
have as the official permittee Mount Pleasant Township of as required
by the Township's Act 537 Plan (35 P.S. § 750.1 et seq.).
No COLDS shall be accepted for dedication except in accordance with
these rules and regulations. The provisions set forth in this section
shall be memorialized in appropriate textual notes prominently set
forth on the approved final subdivision and land development plan.
As used herein, the following terms shall have
the meanings herein described unless otherwise provided.
The Board of Supervisors of Mount Pleasant Township.
A interest-bearing revolving fund, established for or by
the Township with monies contributed by each COLDS developer, for
the purpose of financing major equipment and facility repair, replacement,
or upgrade. A separate capital reserve fund shall be established for
each COLDS.
Any sanitary sewage treatment and disposal system which treats
and disposes of sewage utilizing subsurface absorption or land application
and serving more then one dwelling unit including small-flow treatment
facilities as described in 25 Pa. Code § 71.64 et seq. This
definition specifically excludes any treatment or disposal system
that serves only one dwelling unit.
The bureau or office of the Department of Environmental Protection
of the Commonwealth of Pennsylvania administering the issuance of
permits and enforcing regulations promulgated by the Environmental
Quality Board governing the issuance of permits for COLDS.
Design standards for COLDS as established by DEP (25 Pa.
Code Chapter 73) and/or the Washington County Sewage Council as well
as all relevant installation and locational standards established
by such regulation, and use of COLDS as set forth in the Mount Pleasant
Township's Rules and Regulations are incorporated herein by reference
as through set forth at length.
The Township duly appointed engineer or engineering firm
which provides the Board with technical and engineering consultation.
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 sanitary
sewage shall or may be discharged.
The office of Washington County Sewage Council administering
the issuance of permits and promulgating regulations governing COLDS
in the various municipalities of Washington County, excluding on-lot
systems greater than 10,000 gallons per day, any industrial waste
disposal system or any on-lot system requiring a permit under the
Clean Streams Law (35 P.S. § 691.1 et seq.).[1]
Any individual, partnership, company, association, corporation
or other group or entity.
The local co-op Sewage Enforcement Officer having jurisdiction
in Mount Pleasant Township and responsible for the issuance of permits
and promulgation or enforcement of regulations concerning COLDS.
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 aquatic life or to the use of water for
domestic water supply or for recreation or constitutes pollution under
the Clean Streams Law (35 P.S. § 691.1 et seq.)
Mount Pleasant Township, Washington County, Pennsylvania.
A.
The Board hereby authorizes the empowers the Township
to undertake within the Township the control of methods of COLDS design,
installation and operation.
B.
The Board hereby authorizes and empowers the Township
to enter into or acquire escrow agreement, construction and performance
bonds, and engineering services to ensure COLDS are designed, constructed,
and operated in accordance with any applicable rules and regulations
of the Board.
C.
The Board is empowered to take ownership of all operating
COLDS within the Township. Method and manner of possession of COLDS
will be as dictated by the Board's rules and regulations, and the
laws of the Commonwealth of Pennsylvania.
D.
The Board hereby authorizes and empowers the Township
to operate, maintain, improve, and/or abandon any colds owned by the
Board.
A.
The Township is hereby authorized and empowered to
adopt such rules and regulations concerning COLDS which it may deem
necessary from time to time to effect the purposes herein.
B.
All such rules and regulations adopted by the Township
shall be in conformance with the provisions herein, all other ordinances
of the Township, and all applicable laws and rules and regulations
of the Commonwealth of Pennsylvania.
The Township shall have the right and power
to fix, alter, charge and collect rates, assessments and other charges
at reasonable and uniform rates as authorized by applicable law.
The collection, treatment, and disposal of all
sewage from any improved property utilizing a COLDS shall be done
solely by the Township or its authorized representative.
A.
Any person who is the owner of any existing or proposed
COLDS serving as means of sewage disposal within the Township is subject
to all requirements of this article.
B.
The owner of any proposed COLDS shall be responsible
for obtaining all required permits from the Township, DEP, and any
other agencies requiring permits for such an installation. The owner
of any proposed COLDS shall be responsible for its construction and
startup in accordance with the requirements of this article.
Any person who violates or permits a violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a Magisterial
District Judge, pay a fine of not more than $600, plus all court costs,
including reasonable attorney's fees, incurred by the Township in
the enforcement of this article. No judgment shall be imposed until
the date of the determination of the violation by the Magisterial
District Judge. If the defendant neither pays nor timely appeals the
judgment, the Township may enforce the judgment pursuant to the applicable
Rules of Civil Procedure. Each day a violation exists shall constitute
a separate offense. Further, the appropriate officers or agents of
the Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
In addition to the penalties provided in § 162-23, the authority is authorized to file appropriate actions at law or in equity in the Court of Common Pleas in and for Washington County or before any other body having jurisdiction over the person and activities herein regulated to abate any violations and remove any COLDS not owned, operated, maintained, or constructed in accordance with the provisions or this article. Violations of this article are declared to be public nuisances, abatable as such.
The Township and its agents and employees shall
have the right of access to and may enter any building, property,
lands, premises or place as may be necessary to carry out the provisions
of this article and the rules and regulations promulgated hereunder.
In connection with such inspection or investigation, samples may be
taken of any solid, semisolid, liquid or contained gaseous material
for analysis.
For all ordinances or resolutions or parts of
ordinances or resolutions, insofar as they are inconsistent herewith,
the more stringent ordinance or resolution shall apply.
