[HISTORY: Adopted by the Board of Supervisors of the Township of West Donegal 10-15-1984 by Ord. No. 42-1984; amended in its entirety 10-15-1984 by Ord. No. 47-1984 as Ch. 10, Part 2, of the 1984 Code of Ordinances. Amendments noted where applicable.]
This chapter is enacted pursuant to the authority granted to West Donegal Township by the Second Class Township Code (Act of May 1, 1933, P.L. 103, No. 69, reenacted and amended July 10, 1947, P.L. 1481, No. 567, as amended) which authorizes the Township to enact ordinances dealing with the protection of the public safety, the prohibition of nuisances and the maintenance of the public welfare. Specifically, this authority is codified in 53 P.S. §§ 66506, 66527 and 66529, as amended.
All holding ponds and lagoons with a depth greater than 1 1/2 feet shall be completely enclosed by a fence at least six feet in height which shall be so constructed as to have no openings larger than two inches and shall be equipped with a self-latching, self-locking gate.
The fence which is used to enclose industrial and commercial holding ponds and lagoons shall be provided with signs which indicate that trespassing is prohibited and shall be posted, at a minimum, on each side of the fence, but in no event shall there be less than four signs posted conspicuously on such fence.
Any person who owns or operates a holding pond or lagoon which is in existence on the effective date of this chapter shall comply with the provisions of this chapter within six months after the date of enactment hereof.
As used in this chapter, the following terms shall have the meanings indicated:
- HOLDING POND or LAGOON
- A receptacle or lake which receives and retains sewage or industrial wastes. Farm ponds and/or lakes are not to be considered holding ponds or lagoons, provided that they are not used to receive and retain sewage or industrial waste. In addition watertight holding tanks meeting the requirements of the Pennsylvania Department of Environmental Protection shall be exempt from the provisions of this chapter.
[Added 10-7-1996 by Ord. No. 109-1996; amended 5-19-1997 by Ord. No. 114-1997]
For each violation of the provisions of this chapter, any 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 chapter, and each section of this chapter 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.