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 Township.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
The Commissioners of Spring Garden Township, York 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.
Spring Garden Township, York 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 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 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.
A.Â
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 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.Â
The authority will receive, review and retain pumping receipts from
permitted holding tanks.
C.Â
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.Â
Maintain the holding tank in conformance with this part 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.Â
Permit only the authority or its agent to inspect holding tanks on
an annual basis.
C.Â
Make arrangements with a collector approved by the authority to collect,
transport and dispose of the contents therein.
If a property cannot be served by a gravity sewer system and
grinder pumps are needed to remove sewage from any property in the
jurisdiction of the authority, the following procedures shall be followed:
A.Â
No person shall use a grinder pump without a permit and such person
shall apply to the Township Zoning Officer for a permit.
B.Â
A one-time permit fee in an amount as established, from time to time,
by resolution of the Board of Commissioners for permission to use
a grinder pump shall be paid with the application.
C.Â
The application shall set forth the type and make of the pump and
such other information as required by the Township Engineer.
D.Â
The Township Engineer shall review the application and shall ensure
that the type, size and make of the grinder pump is adequate to the
anticipated grinder pumping need.
E.Â
The Township Engineer may, if he deems it appropriate, require the
applicant to purchase a backup pump which shall be placed with the
Township for emergency repair.
F.Â
The Township Engineer may impose any other condition that he deems
necessary to pursue the health, safety and welfare of the property
owner or any other person.
G.Â
Spring Garden Township does hereby accept responsibility for abating
any nuisance or public health hazard that may occur in any privately
owned pressure lines or grinder pump units.
H.Â
The Township Engineer is hereby authorized to inspect any privately
owned grinder pump unit or pressure line at reasonable hours and to
declare the same a public or private nuisance.
I.Â
Should the Township Engineer declare any grinder pump or pressure
line a nuisance, the owner shall have 10 days in which to abate the
nuisance or the permit to use a grinder pump shall be revoked and
appropriate legal proceedings shall be initiated by the Township Solicitor
to abate the nuisance.
J.Â
All grinder pumps and pressure sewer lines shall be owned and maintained
by Spring Garden Township except where the pumps are located outside
the Township right-of-way and are on private property, where Spring
Garden Township shall control the type of pumps and conditions of
use.
Any person who violates any provision of § 250-61 shall, upon conviction thereof, 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 30 days. Each day on which a violation shall be continued shall be deemed a separate offense.
In addition to any other remedies provided in this article, any violation of § 250-61 above shall constitute a nuisance and shall be abated by the Township or the authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
