[Adopted 12-12-1990 by Ord. No. 1-90]
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:
- HOLDING TANK
- A watertight receptacle, including "Porto John"-type 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:
- 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 from which structure sewage shall or may be discharged.
- Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
- Any individual, partnership, company, association, corporation or other group or entity.
- Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings and any 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 Independence Township Board of Supervisors.
- Independence Township, Beaver County, Pennsylvania.
The Supervisors are 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 Supervisors are hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purpose herein.
All such rules and regulations adopted by the Supervisors shall be in conformity with the provisions herein, all applicable laws, and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.
The Supervisors 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 collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely according to the applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania and in conformity with provisions of all other applicable federal, state, or local laws.
The owner of an improved property that utilizes a holding tank shall:
Maintain the holding tank in conformance with this or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the Supervisors and any administrative agency of the Commonwealth of Pennsylvania.
Make application with the Township Secretary for a permit for the use and maintenance of a holding tank together with a fee as set from time to time by resolution of the Board of Supervisors to cover the Township and Sewage Enforcement Officer's costs for inspection of the holding tank/site.
Obtain a permit from the Township Secretary, renewable on an annual basis, upon approval of the holding tank/site by the Township Sewage Enforcement Officer.
Submit any documentation, including pumping receipts, that may be required by the Township Sewage Enforcement Officer in connection with the use and maintenance of the holding tank.
In addition to any other remedies provided in this article, any violation of § 163-12 above shall constitute a nuisance and may be abated by the municipality or the supervisors by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.