The purpose of this article is to establish procedures for the
use and maintenance of existing and new 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:
IMPROVED 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.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
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 the sewage at another site.
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, or any substance
which constitutes pollution under the Clean Streams Law (35 P.S. §§ 691.1-691.1001).
The Township may 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 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 administrative agencies of the Commonwealth of Pennsylvania.
The Township shall fix, 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. Specifically, the
following rates and charges shall be charged by the Township in connection
with privies: $50 for each permit fee.
The collection and transportation of all sewage from any improved
property utilizing a privy shall be done solely by or under the direction
and control of the Township, 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.
The Township shall appoint an enforcement officer to enforce
this article; however, the Blair Township Police, in addition to the
enforcement officer, shall be permitted to enforce this article in
any respect.
The owner of an improved property that utilizes a privy shall:
A. Maintain the privy in conformance with this chapter 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. Permit only the Township or its agent to collect, transport, and
dispose of the contents therein.
C. 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 in the event that water under pressure or piped
wastewater becomes available to the property.
D. Permit the Township to enter upon lands to inspect the privy for
proper operation, maintenance and contents disposal.
Any person failing to comply with the provisions of §
325-23,
325-24 or
325-25 shall be subject to the summary offense penalties of 35 P.S. § 750.13 and, in addition thereto, may be subject to the civil penalties of 35 P.S. § 750.13a. Each day of noncompliance shall constitute a separate offense.
In addition to any other remedies provided in this article, any violation of §
325-25 above shall constitute a nuisance and shall be adapted by the municipality by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.