[Adopted 6-11-1974 by Ord. No. 141
(Ch. 12, Art. III, Div. 1, Sec. 12-40, of the 1972 Code)]
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 section shall
be as follows:
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:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
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.
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 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.
Loyalsock Township, Lycoming County, Pennsylvania.
The Township 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 Township 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
Township shall be in conformity with the provisions herein, all other
ordinances of the Township, and applicable laws, and applicable rules
and regulations of administrative agencies of the Commonwealth of
Pennsylvania.
[Amended 9-10-2013 by Ord. No. 358]
The Township 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. Following the transfer of the sewer
system to the Authority, it shall have the exclusive power and duty
to impose all rates and fees with respect to such system."
The collection and transportation of all sewage
from any improved property utilizing a holding tank shall be done
solely under the direction and control of the Township, and the disposal
thereof shall be made only at such site or sites as may be approved
by the department of environmental resources 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 Township and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Permit only someone authorized by the Township to
collect, transport and dispose of the contents therein.
C.
Permit only the Township or its agent to inspect holding
tanks on an annual basis.
[Added 12-8-1992 by Ord. No. 242]
[Amended 10-8-1988 by Ord. No. 266; 8-25-1998 by Ord. No. 274]
This article shall be enforced by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person who violates or permits the violation of this article shall,
upon conviction in a summary proceeding, be punishable by a fine of
not less than $100 nor more than $1,000 or by 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. 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 § 175-8 above shall constitute a nuisance and may be abated by the Township by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
