[Adopted 8-9-1993 by Ord.
No. 150]
A.
The purpose of this article is to establish procedures for the use
and maintenance of existing and new privies and holding tanks which
are designed to receive and retain sewage.
B.
It is hereby declared by the Board of Supervisors of the Township
of Harris that the enactment of this article is necessary for the
protection, benefit and preservation of health, safety and welfare
of the inhabitants of this municipality.
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this article shall be as follows:
Any employee of the Township of Harris empowered by the Township
of Harris and/or the Commonwealth of Pennsylvania to enforce the provisions
of this article. The term "agent" shall include, but shall not be
limited to, any certified Sewage Enforcement Officer duly appointed
by the Harris Township Board of Supervisors.
The Board of Supervisors of Harris Township, Centre 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. For purposes of this article, a holding
tank shall have a capacity of no less than 1,000 gallons.
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.
Harris Township, Centre 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.
A watertight tank designed to receive sewage where water
under pressure and piped wastewater are not available.
Any substance that contains any of the waste products, 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 shall include
"gray water," which is further defined as discharge from any shower,
tub, sink, washing machine or other facility used for bathing or washing,
including dishwater and water softener discharge.
The Board of Supervisors, hereinafter referred to as "Board,"
is hereby authorized and empowered to regulate as specified herein,
within the municipality, the methods of holding tank use, privy use,
sewage collection, transportation and disposal resulting from such
use.
A.
The Board 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.
B.
All such rules and regulations adopted by the Board shall be in conformity
with the provisions herein, all other ordinances of the municipality,
and all applicable laws, rules and regulations of the Commonwealth
of Pennsylvania.
The Board shall have the right and power to fix, alter, charge
and collect rates, assessments, and other charges as may be authorized
by applicable law and as may be deemed necessary to implement the
provisions of this article.
A.
Holding tank.
(1)
The collection and transportation of all sewage from any property
utilizing a holding tank shall be completed under the direction and
control of the Board or its agent, 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.[1]
(3)
The Board or its agent will complete and retain annual inspection
reports for each permitted tank.
(4)
The Board or its agent shall permit a holding tank only for properties
whose primary use is recreational or properties where use of a holding
tank shall be deemed necessary to abate a nuisance. In no event shall
a holding tank be permitted by the Board or its agent as a permanent
system of sewage disposal for residential purposes. Property owners
shall comply with all applicable Pennsylvania state regulations for
holding tank use.
B.
Privy. The collection and transportation of all sewage from any improved
property utilizing a privy shall be completed under the direction
and control of the Board or its agent, 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.[4]
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, Chapter 73, "Standards for Onlot
Sewage Treatment Facilities," requirements for the ultimate sewage
disposal by an approved on-lot system if water under pressure becomes
available to the lot.
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 to a privy intended to be used on an isolated lot which is one acre or larger; to an isolated lot with an area of less than one acre if the lot is legally nonconforming; to existing leaseholds in Rothrock State Forest, which are owned by the Commonwealth of Pennsylvania and are not nor will not be served by water under pressure or piped wastewater in the future; or to legally nonconforming lots in existence at the time of adoption of this article; however, all appropriate PA DEP permitting shall be required for these lots.[1]
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 Board or its agent shall have the right to inspect the privy
for proper operation, maintenance and content disposal.
A.
Holding tanks. The owner of a property that utilizes a holding tank
shall:
(1)
Maintain the holding tank in conformance with this article or any
ordinance or resolution of this municipality and the provisions of
any applicable law and the laws, rules and regulations of the Commonwealth
of Pennsylvania and shall further agree to provide the municipality
or its agent such documentation as may be deemed necessary or appropriate
to provide assurance of conformance. Said documentation may include,
but shall not be limited to, permits, receipts, correspondence, etc.,
from PA DEP, the pumper/hauler, and the receiving station.[1]
(2)
Permit only the Board or its agent to inspect holding tanks on an
annual basis or, in the event of deficiency, as deemed necessary by
the Board or its agent.
B.
Privies. The owner of an improved property that utilizes a privy
shall:
(1)
Maintain the privy in conformance with this article or any ordinance
or resolution of this Township and the provisions of any applicable
law, rules and regulations of the Commonwealth of Pennsylvania.
(2)
Permit the Board or its agent to enter upon lands to inspect the
privy for proper operation, maintenance and contents disposal.
(4)
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 standards[4] in the event that water under pressure or piped wastewater
becomes available to the property.
[4]
Editor's Note: See 25 Pa. Code Ch. 73.
A.
In addition to any other remedies provided in this article, any violation of § 9-5.8 of this article shall constitute a nuisance and shall be abated by the municipality or its agent either by seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
B.
Owners of improved property shall be responsible for any cost to
the municipality or its agent relative to abatement of a nuisance.
Any person who violates any provisions of §§ 9-5.6, 9-5.7, or 9-5.8 shall, upon conviction thereof by summary proceedings brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, 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 article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
