[Ord. 96-05, 10/7/1996, § I]
The purpose of this Part is to establish procedures for the
approval, installation, operation, maintenance and inspection of individual
residential spray irrigation systems within the Township. 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 the Township.
[Ord. 96-05, 10/7/1996, § 2]
Unless the context specifically and clearly indicates otherwise,
the meaning of the terms used in this Part shall be as follows:
The Pennsylvania Department of Environmental Protection.
An individual residential spray irrigation system as further
defined and described in the Pennsylvania Sewage Facilities Act, amended
by Act 149 of 1994.
A permit for an IRSIS issued in accordance with the provisions
of this Part.
Any individual, partnership, corporation, association or
other group or entity.
The Township of Spring, Centre County, Pennsylvania.
[Ord. 96-05, 10/7/1996, § III]
No person shall install, operate or maintain an IRSIS without
having first applied for and obtained a permit from the Township indicating
that the site, plans and specification of such system are in compliance
with the Pennsylvania Sewage Facilities Act of 1966 (P.L. 1535), Act
No. 537, as amended, this Part and the rules and regulations adopted
pursuant to the Act and this Part.
[Ord. 96-05, 10/7/1996, § IV]
1.
Application for a permit shall be made on forms prescribed by the
Township Board of Supervisors by resolution.
2.
An application fee, in an amount to be determined by the Township
Board of Supervisors by resolution, shall be paid to the Township
at the time application for the permit is made.
3.
The Township Board of Supervisors may, by resolution, set such additional
fees as shall be necessary to cover the costs incurred by the Township
in processing or granting a permit or undertaking any inspection in
connection with the same.
[Ord. 96-05, 10/7/1996, § V]
The Township Sewage Enforcement Officer or other person or entity
designated by resolution of the Township Board of Supervisors is hereby
authorized to enforce this Part and undertake any inspection of any
IRSIS in order to ascertain if the installation or proposed installation
is in conformity with the Pennsylvania Sewage Facilities Act, this
Part and the rules and regulations adopted pursuant to the Act or
this Part.
[Ord. 96-05, 10/7/1996, § VI]
1.
As a condition to the issuance of a permit pursuant to this Part,
the owner of the property on which the IRSIS is to be located shall
execute an installation and maintenance agreement, in a form acceptable
to DEP and the Township Board of Supervisors or its designee.
2.
In connection with the execution of an installation and maintenance
agreement, the property owner shall post security in an amount acceptable
to the Township Board of Supervisors.
3.
Any violation or breach of an installation and maintenance agreement
shall be considered a violation of this Part.
4.
As a further condition to the issuance of a permit, owner agrees
to indemnify and hold Township harmless from any claims, suits, reasonable
attorney's fees, litigation expenses, administrative costs or judgments
which may be obtained or prosecuted against Township or its officials
and employees, arising out of the issuance of the permit, utilization
or operation of the system authorized by the permit or malfunction
of the system installed under the provisions of the permit.
[Ord. 96-05, 10/7/1996, § VII]
1.
The Township Board of Supervisors or its authorized agent is empowered
to adopt such rules and regulations as it may deem necessary to effect
the purposes of this Part.
2.
All such rules and regulations so adopted shall be in conformity
with the provisions herein, all other ordinances of the Township,
all applicable laws and all applicable rules and regulations of DEP
and any other agencies having jurisdiction over the subject matter
of this Part.
[Ord. 96-05, 10/7/1996, § VIII; as amended by Ord.
09-00, 10/2/2000]
In addition to any other provisions provided by law, any person,
firm or corporation who shall violate any provision of this Part,
any rule or regulation promulgated hereunder or any installation and
maintenance agreement between to parties adopted pursuant to this
Part shall, upon conviction thereof, be sentenced to pay a fine of
not less than $100 nor more than $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Each day that a violation of this Part continues shall
constitute a separate offense.
[Ord. 96-05, 10/7/1996, § IX]
In addition to any other remedies provided in this Part, any violation of § 18-608 of this Part shall constitute a nuisance and shall be abated by the Township or its designee by either seeking mitigation of the nuisance or appropriate equitable or legal relief from the court of competent jurisdiction.
