[Ord. 189, 3/23/1993, § 1]
The purpose of this Part 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 Part is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of North Strabane Township.
[Ord. 189, 3/23/1993, § 2]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
The Board of Supervisors of North Strabane Township, Washington
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.
Any person vested with ownership, legal or equitable, sole
or partial, or together with others 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.
North Strabane Township, Washington County, Pennsylvania.
[Ord. 189, 3/23/1993, § 3]
The Board is hereby authorized and empowered to undertake within
the Township the control and methods of holding tank construction,
maintenance, removal, use, sewage disposal and sewage collection and
transportation of the contents of said tanks.
[Ord. 189, 3/23/1993, § 4]
The Board is hereby authorized and empowered to adopt such rules,
regulations and conditions concerning holding tanks that it may deem
necessary from time to time to effect the purposes of this Part.
[Ord. 189, 3/23/1993, § 5]
All such rules, regulations and conditions adopted by the Board
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.
[Ord. 189, 3/23/1993, § 6]
The Board shall have the right and power to fix, alter, charge
and collect rates, assessments and other charges in connection with
the administration of this Part at reasonable and uniform rates not
contrary to applicable law.
[Ord. 189, 3/23/1993, § 7]
1.
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 Board, 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.
2.
The Board shall receive, review and retain pumping receipts from
each permitted holding tanks.
3.
The Board shall complete and retain animal inspection reports for
each permitted holding tank.
[Ord. 189, 3/23/1993, § 8]
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this Part or any other
ordinance of the Township, the provisions of any applicable law and
the rules, regulations and conditions of the Board and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Permit only the Board or its agents to inspect holding tanks on an
annual basis.
C.
Permit only the Board or its agents or an approved hauler to collect,
transport and dispose of the contents therein.
D.
Enter into a written agreement with the Township providing for the
duties and obligations of said property owner with respect to, but
not limited to, the construction, use, maintenance and removal of
holding tanks.
E.
Provide such financial security for the performance of his undertakings
and obligations set forth in any written agreement with the Township.
[Ord. 189, 3/23/1993, § 9; as amended by Ord. 240,
10/28/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction, thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 189, 3/23/1993, § 10]
In addition to any other remedies provided in this Part, any
violation of § 608, above, shall constitute a nuisance and
may be abated by the Township or the Board by either seeking mitigation
of the nuisance or appropriate equitable or legal relief from a court
of competent jurisdiction.
