[Adopted 1-22-1997 by Ord. No. 73]
The purpose of this article 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 article 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 meanings of terms used in this article shall
be as follows:
The Supervisors of Potter Township, Beaver County, Pennsylvania.
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.
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.
The Township of Potter, Beaver County, Pennsylvania.
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.
The Authority is here 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 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. The Authority shall have the right
and power to require a bond or escrow account sufficient to insure
the costs of future operation and maintenance of the holding tanks
under local ordinances.
A.
The collection and transportation of all sewage from
any improved property utilizing a holding tank shall be done solely
under the approval 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.
B.
The Authority will receive, review and retain pumping
receipts from permitted holding tanks.
C.
The Authority will complete and retain annual inspection
reports for each permitted tank.
The owner of an improved property that utilizes
a holding tank shall:
A.
Maintain the holding tank and dispose periodically
of its contents 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 its agent to inspect
holding tanks on an annual basis.
C.
Permit only the Authority or its agent to approve
the methods of collection, transportation, and disposal of the contents
therein.
[Amended 11-14-2001 by Ord. No. 88]
In addition to any other remedies provided in this article, any violation of § 159-11 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
