[Adopted 8-7-1990 by Ord. No. 98]
The purpose of this article is to establish procedures for the use and maintenance of existing and new holding tanks and privies 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 municipality.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
AUTHORITY
The Leacock Township Municipal Authority, Leacock Township, Lancaster County, Pennsylvania.
HOLDING TANK
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.
IMPROVEMENT PROPERTY
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.
MUNICIPALITY
Leacock Township, Lancaster County, Pennsylvania.
OFFICIAL PLAN
The Comprehensive Plan (Act 537) for the provision of adequate sewage systems as adopted by the Board of Supervisors of Leacock Township and submitted to and approved by the Department of Environmental Protection as provided by the Pennsylvania Sewage Facilities Act, and Chapter 71, Rules and Regulations promulgated thereunder.[1]
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
PERSON
Any individual, partnership, company, association, corporation or other group or entity.
PRIVY
A watertight receptacle, whether permanent or temporary, which receives and retains sewage where water under pressure or piped wastewater is not available and is designed and constructed to facilitate the ultimate disposal of sewage at another site. This term includes chemical toilet.
RETAINING TANK
A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of sewage at another site. This term includes "holding tanks" and "privies."
SEWAGE
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.
SEWAGE ENFORCEMENT OFFICER
The official who issues and reviews permit applications and conducts such investigations and inspections as are necessary to implement the Act and the rules and regulations thereunder.
TANK CLEANER
A municipality, county, municipal authority or person, including a holding tank owner, who removes the contents of a holding tank for purposes of disposing of the sewage at another site.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq. and 25 Pa. Code Ch. 71.
The Authority is hereby authorized and empowered to undertake within the Township the control and methods of holding tank use, privy 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.
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.
All new and any existing holding tanks being repaired, modified or replaced shall be constructed to meet the following minimum standards:
A. 
Tanks shall be watertight and constructed of sound and durable material not subject to excessive corrosion or decay.
(1) 
Precast concrete tanks shall have a minimum wall thickness of 2 1/2 inches and be adequately reinforced.
(2) 
Precast slabs used as covers shall have a thickness of at least three inches and be adequately reinforced.
A. 
The property owner must show that site and soil suitability testing of the lot has been conducted by the Sewage Enforcement Officer and that the site meets the Title 25, Section 73 (Standards for Sewage Disposal Facilities)[1] requirements for the ultimate sewage disposal by an approved on-lot system if water under pressure or piped wastewater becomes available to the lot.
[1]
Editor's Note: See 25 Pa. Code § 73.
B. 
At such time that water under pressure becomes available, the property owner must remove the privy and replace the privy with an approved on-lot system.
C. 
The conditions of use described in Subsection A above do not apply:
(1) 
To a privy to be used on an isolated lot which is one acre or larger and is not nor will not be served by water under pressure in the future.
(2) 
To temporary use of portable retention tanks where their use is proposed at construction sites at the site of public gatherings and entertainment.
D. 
Specific conditions for use of privies shall be incorporated in the permit application and permit for the proposed use of a privy.
E. 
The Authority is provided the opportunity to inspect the privy for proper operation, maintenance and content disposal.
A. 
The collection and transportation of all sewage from any improved property utilizing a holding tank or a privy 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. 
The Authority will receive, review and retain pumping receipts from permitted holding tanks.
C. 
The Authority will complete and retain annual inspection reports for each permitted holding tank.
The owner of an improved property that:
A. 
Utilizes a holding tank shall:
(1) 
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 Authority and any administrative agency of the Commonwealth of Pennsylvania.
(2) 
Permit only the Authority or its agent to inspect holding tanks on an annual basis.
(3) 
Permit only the Authority or its agent to collect, transport, and dispose of the contents therein.
B. 
Utilizes a privy shall:
(1) 
Maintain the privy in conformance with this article 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.
(2) 
Permit only the Authority or its agent to collect, transport, and dispose of the contents therein.
(3) 
Abandon the privy consistent with applicable public health and environmental standards and obtain a permit for and install an approved on-lot system meeting Chapter 73[1] standards in the event that water under pressure or piped wastewater becomes available to the property.
[1]
Editor's Note: See 25 Pa. Code Ch. 73.
(4) 
Permit the Authority to enter upon lands to inspect the privy for proper operation, maintenance and contents disposal.
Any person who violates any provisions of § 229-18, 229-19, 229-20 or 229-21 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $500 and not more than $5,000, plus costs, and/or undergo imprisonment in the county prison for a period not in excess of 90 days.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In addition to any other remedies provided in this article, any violation of § 229-18, 229-19, 229-20 or 229-21 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.