[Ord. 1903, 12/8/2003, § 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 Ordinance
is necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of the Township.
[Ord. 1903, 12/8/2003, § 2]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Ordinance shall be as follows:
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, 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 Township of Harrison, Allegheny County, Pennsylvania.
[Ord. 1903, 12/8/2003, § 3]
The Township 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.
[Ord. 1903, 12/8/2003, § 4]
The Township 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.
[Ord. 1903, 12/8/2003, § 5]
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 the Pennsylvania Department of Environmental Protection and the
Allegheny County Health Department.
[Ord. 1903, 12/8/2003, § 6]
The Township 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. Such rates, charges and assessments to be set from
time to time by resolution of the Board of Commissioners.[1]
[1]
Editor's Note: The current resolution is on file in the
office of the Township Secretary.
[Ord. 1903, 12/8/2003, § 7]
1.
The Township shall assume ultimate responsibility for maintaining
existing and new holding tanks and, as such, will require a cash security
deposit from the owner in an amount determined by the Township Engineer
to be sufficient to cover the costs of having an approved disposal
hauler empty the holding tank twice. Interest on the security deposit
will be retained by the Township to defray administrative costs. If
the Township pays for cleaning by a licensed hauler, the owner shall
replenish the security deposit within 10 days of being notified by
the Township that a disposal cost was incurred. If the Township pays
for a second cleaning, the Township may seek revocation of the holding
tank permit and/or require that any sewage generating activity on
the property serviced by the holding tank be discontinued. If use
of the holding tank is discontinued, with approval of the Allegheny
County Health Department or the Department of Environmental Protection,
then any portion of the security deposit remaining shall be returned
to the owner, without interest.
2.
The Township will receive, review and retain holding tank pumping
receipts from owners of permitted holding tanks.
3.
The Township will receive and retain annual inspection reports for
each permitted holding tank.
[Ord. 1903, 12/8/2003, § 8]
1.
The owner of an improved property that utilizes a holding tank shall:
A.
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 Township, the Pennsylvania Department of Environmental
Protection and the Allegheny County Health Department.
B.
Permit only the Township or its authorized agent to inspect holding
tanks on an annual basis. Any inspection cost incurred by the Township
shall be reimbursed by the property owner within 10 days of being
notified of such cost.
C.
Be required to provide copies of two agreements with two holding
tank cleaners, specifying their Pennsylvania Department of Environmental
Protection approved disposal site, to collect, transport, and dispose
of the contents therein. One cleaner shall serve as the primary hauler,
the other as a secondary hauler in the event the primary hauler is
no longer capable of providing service.
D.
Provide the Township with copies of all tank cleaning records or
receipts, annual inspection reports and new or renewed agreements
with holding tank cleaners within 30 days of the tank cleaning, annual
inspection or new or renewed agreement.
2.
The owner shall at all times remain primarily liable for the maintenance
and proper functioning of the holding tank, and the owner shall indemnify
and defend the Township and its officers, agents and representatives
from any and all costs, claims, damages or awards associated with
or arising from the existence and operation of the holding tank, including
but not limited to reasonable fees of attorneys, engineers or other
professional consultants engaged by the Township or its officers,
agents and representatives.
[Ord. 1903, 12/8/2003, § 9]
Any person who violates any provisions of § 508 shall,
upon conviction thereof by summary proceedings, be sentenced to pay
a fine of not less than $100 and not more than $300, and in default
of said fine and costs to undergo imprisonment in the County Prison
for a period not in excess of 30 days.
[Ord. 1903, 12/8/2003, § 10]
In addition to any other remedies provided in this Ordinance,
any violation of § 508 above shall constitute a nuisance
and shall be abated by the Township by either seeking mitigation of
the nuisance or appropriate equitable or legal relief from a court
of competent jurisdiction.
