[HISTORY: Adopted by the Board of Supervisors of the Township of Raccoon as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-12-1972 by Ord. No. 2-72]
In all areas of Raccoon Township where municipal sewer system facilities are available, every improvement and structure, even though such structure is fabricated or manufactured elsewhere, whether mobile or immobile, that is erected and/or placed upon a plot of land in the Township and intended to be used and occupied either permanently or temporarily for either dwelling, commercial or industrial purposes, shall be required to be connected to, discharge and dispose of all sewage and liquid waste into the Township's sanitary sewer system.
In all areas of Raccoon Township where municipal sewer system facilities are not available, there shall be required to be provided inside plumbing facilities and a sanitary sewage disposal system for every improvement and structure, even though such structure is fabricated or manufactured elsewhere, whether mobile or immobile, that is erected and/or placed upon a plot of land in the Township and intended to be used or occupied, either permanently or temporarily for either dwelling, commercial or industrial purposes.
[Amended 12-9-1974 by Ord. No. 9-74]
No person shall construct, alter, improve or extend an individual sewage disposal system or construct any building in the Township in which an individual or community sewage disposal system is to be installed or connect or reconnect a mobile home to a new or existing individual or community sewage disposal system without first obtaining from the Township Secretary and approved by the Township Sewage Enforcement Officer a permit indicating that the site, plans and specifications of such systems are in compliance with the Act of Assembly of January 24, 1966, being Act No. 537 and known as "Pennsylvania Sewage Facilities Act" and the rules and regulations of the Department of Health adopted pursuant to said Act and any subsequent amendments thereto.
The Township Health Officer shall have the power to inspect any individual or community sewage disposal system within the Township. If the Township Health Officer shall determine that an individual or community sewage disposal system operating within the Township is a hazard to the health and safety of the residents of the Township or is otherwise creating a nuisance or is not in conformity with the Pennsylvania Sewage Facilities Act, the owners of the offending system, their successors or assigns, shall have 30 days after notification from said Health Officer, be it written or oral, to comply with the requirements of the Act and regulations promulgated. No offending system shall be recovered without first having been inspected and approved by the Township Health Officer.
A fee in the sum as set from time to time by resolution of the Board of Supervisors shall be paid to the Township Secretary at the time of making application for an individual or community sewage disposal system or improvement or alteration to existing system. The permit fee may be changed from time to time by resolution of the Board of Supervisors. The said Township Health Officer shall be designated by motion or resolution from time to time adopted by the Board of Supervisors.
Any person, partnership or corporation who or which shall violate any of the provisions of this article shall be subject to civil enforcement procedures as set forth in Chapter 1, General Provisions, Article II. Every 30 days that a violation exists after notification shall constitute a separate violation of this article.
[Adopted 4-30-2002 by Ord. No. 02-4]
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 for 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 meaning of the terms used in this article shall be as follows:
- The Supervisors of Raccoon Township, Beaver County, Pennsylvania.
- HOLDING TANK
- A watertight receptacle, whether permanent or temporary, whether above or below ground, which receives sewage conveyed by a water carrying system and is designed and constructed to facilitate the ultimate disposal of the sewage at another site.
- 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 or animals and from which structure sewage shall or may be discharged.
- The Township or Raccoon, 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 or any substance which constitutes pollution under the Clean Streams Law (35 P.S. §§ 691.1 through 691.1001), as amended.
The Agency is hereby 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 Agency is hereby authorized and empowered to adopt such rules and regulations concerning sewage, which it may deem necessary from time to time to effectuate the purpose herein.
All such rules and regulations adopted by the Agency 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 Agency shall have the right and power to fix, alter, charge and collect rates, assessments or other charges in the areas 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 by or under the direction and control of the Agency or by a person regulated by the Department of Environmental Protection of the Commonwealth of Pennsylvania, 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 Agency will receive, review and retain pumping receipts from permitted holding tanks.
The Agency will complete and retain annual inspection reports for each permitted holding tank.
The owner of an improved property that utilizes a holding tank shall:
Maintain the holding tank in conformance with this or any other ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the Agency and any administrative agency of the Commonwealth of Pennsylvania.
Permit only the Agency or its agent to inspect holding tanks on an annual basis.
Permit only the Agency or a person regulated by the Department of Environmental Protection of the Commonwealth of Pennsylvania to collect, transport, and dispose of the contents therein.
In addition to any other remedies provided in this article, any violation of § 142-14 above shall constitute a nuisance and shall be abated by the municipality or the Agency by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.