[Ord. 275-1977, 9/6/1977, § 1]
The purpose of this Part is to establish procedures for the
use and maintenance of holding tanks designed to receive and retain
sewage whether from residential or commercial uses and it is hereby
declared that the enactment of this Part is necessary for the protection,
benefit and preservation of the health, safety and welfare of the
inhabitants of this Township.
[Ord. 275-1977, 9/6/1977, § 2]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
AUTHORITY
Supervisors of Spring Township, Centre County, Pennsylvania.
HOLDING TANK
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include, but are not limited
to, the following:
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CHEMICAL TOILET – A toilet using chemicals that discharge
to a holding tank.
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RETENTION TANK – A holding tank where sewage is conveyed
to it by a water carrying system.
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VAULT PIT PRIVY – A holding tank designed to receive sewage
where water under pressure is not available.
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RETENTION TANK
A holding tank where sewage is conveyed to it by a water
carrying system.
VAULT PIT PRIVY
A holding tank designed to receive sewage where water under
pressure is not available.
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.
PERSON
Any individual, partnership, company, association, corporation
or other group or entity.
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.
[Ord. 275-1977, 9/6/1977, § 3]
The authority is hereby authorized and empowered to undertake
within the Township the control and methods of holding tank sewage
disposal and the collection and transportation thereof.
[Ord. 275-1977, 9/6/1977, § 4]
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 affect the purposes herein.
[Ord. 275-1977, 9/6/1977, § 5]
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.
[Ord. 275-1977, 9/6/1977, § 6]
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.
[Ord. 275-1977, 9/6/1977, § 7; as amended by Ord.
09-00, 10/2/2000]
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.
[Ord. 275-1977, 9/6/1977, § 8]
1. The owner of an improved property that utilizes a holding tank shall:
A. Maintain the holding tank in conformance with this or any ordinances
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. Provide by contract, at the sole cost and expense of the owner of
the improved property, for the collection, transportation and disposition
of the contents of the holding tank at appropriate places of disposition,
which collection, transportation and disposition shall be in accordance
with applicable law and regulations so as not to constitute any nuisance.
C. All costs and expenses in connection with the maintenance of the
holding tank, the collection, transportation and disposition of the
contents thereof to be at the sole cost and expense of the property
owner.
[Ord. 275-1977, 9/6/1977, § 9; as amended by Ord.
09-00, 10/2/2000]
Any person, firm or corporation who shall violate any provisions
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
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 part continues
or each section of this part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 275-1977, 9/6/1977, § 10]
In addition to any other remedies provided in this Part, any violation of §
18-308 above shall constitute a nuisance and shall be abated by the Township or the authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.