[Adopted 12-7-1993 by Ord. No. 9-93]
This article shall be known as the "Holding
Tank Ordinance."
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, industrial 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:
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.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. The term includes but is not limited to
the following:
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
PRIVYA tank designed to receive sewage where water under pressure is not available.
INCINERATING TOILETA device capable of reducing waste materials to ashes.
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
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, to animal or aquatic life or to the use of water
for domestic water supply or for recreation.
A person or agency appointed by the Township to perform inspections
and to issue permits for individual sewage systems and community sewerage
systems.
The Township, through its Sewage Enforcement
Officer, 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.
A.
The Township is hereby authorized and empowered to
adopt by resolution such rules and regulations concerning sewage which
it may deem necessary from time to time to effect the purposes herein.
B.
Conformity with applicable law. All such rules and
regulations adopted by the Township 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 Township shall have the right and power
to fix, alter, charge and collect rates, assessments and other charges
within such municipality at reasonable and uniform rates as authorized
by applicable law.
A.
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 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.
B.
The Township will receive, review and retain pumping
receipts from permitted holding tanks.
C.
The Township 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 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 the Township or anyone acting under the
direction of 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.
[Amended 9-3-1996 by Ord. No. 3-96]
A.
It shall be a violation of this article to commit
or to permit any other person to commit any of the following acts:
(1)
To install, repair, modify or alter a holding tank
prior to obtaining a permit or in a manner which violates the terms
and conditions of any permit.
(2)
To misuse or fail to maintain a holding tank.
(3)
To collect, transport and dispose of the contents
of a holding tank or to permit any person to collect, transport or
dispose of the contents of a holding tank in violation of the conditions
of a permit, this article or the regulations of the Department.
(4)
To fail to abandon the holding tank consistent with
applicable Department standards if public sewer service becomes available.
(5)
To place false information on or omit relevant information
from an application for a permit.
(6)
To fail to comply with any other provision of this
article.
B.
For each violation of the provisions of this article,
the owner, agent, lessee or contractor or any other person who commits,
takes part in or assists in any such violation shall be liable, upon
conviction thereof in a summary proceeding, to pay a fine of not less
than $200 nor more than $1,000 for each offense, together with the
costs of prosecution. Each day or portion thereof in which a violation
exists shall be considered a separate violation of this article, and
each section of this article which is violated shall be considered
a separate violation. In default of payment of such fine, such person
shall be liable to imprisonment for a period not exceeding 30 days.
[Amended 5-6-1997 by Ord. No. 6-97]
In addition to any other remedies provided in this article, any violation of § 111-17 above shall constitute a nuisance and may be abated by the municipality by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
