[Ord. 2001-01, 2/26/2001, § 1]
The purpose of this Part is to establish procedures for the
use and maintenance of existing and new privies designed to receive
and retain sewage, whether from residential, institutional, or commercial
uses. 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 Penn Township.
[Ord. 2001-01, 2/26/2001, § 2]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
The Board of Supervisors of Penn Township, Lancaster County,
Pennsylvania.
The Pennsylvania Department of Environmental Protection or
any agency successor thereto.
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property located in Penn Township.
Any individual, partnership, company, association, corporation,
estate, trust or other group or entity.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage where water under pressure or piped
waste water is not available and is designed and constructed to facilitate
the ultimate disposal of the sewage at another site.
Any substance that contains any of the waste product 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, as amended, 35
P.S. § 691.1 et seq.
The Sewage Enforcement Officer of the Township.
The Township of Penn, Lancaster County, Pennsylvania.
[Ord. 2001-01, 2/26/2001, § 3]
The Board is hereby authorized and empowered to undertake within
the Township the control of methods of privy use and sewage disposal,
sewage collection and the transportation thereof.
[Ord. 2001-01, 2/26/2001, § 4]
The Board is hereby authorized and empowered to adopt such rules
and regulations concerning privies and privy use which it may deem
necessary from time to time to effect the purposes herein.
[Ord. 2001-01, 2/26/2001, § 5]
All rules and regulations governing privy installation and use
adopted by the Board shall be in conformity with the provisions herein,
all other ordinances of the Township, all applicable laws, and all
applicable rules and regulations of administrative agencies of the
Commonwealth of Pennsylvania.
[Ord. 2001-01, 2/26/2001, § 6]
The Board shall have the right and power by resolution to fix,
charge, and collect rates, assessments, and other charges for the
administration of this Part.
[Ord. 2001-01, 2/26/2001, § 7]
1.
No person shall install, use, or permit the installation or use of
a privy unless a permit has been obtained from the Township, and no
person shall maintain a privy in a manner which does not comply with
all requirements of this Part.
2.
The property owner applying for a permit to install a privy shall
demonstrate that site and soil suitability testing of the property
has been conducted by the Sewage Enforcement Officer and that the
property meets the 25 Pa.Code, Chapters 71-73, regulations for the
ultimate sewage disposal by an approved on-lot system if water under
pressure or piped waste water becomes available to the lot.
3.
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 disposal system.
5.
Specific conditions for the use of privies shall be incorporated
in the permit application and permit for the proposed use of a privy.
6.
The property owner shall permit the Township to enter upon the lands
to inspect the privy for proper operation, maintenance and contents
disposal as required by the Township. The property owner shall additionally
arrange with the Township for an annual inspection of the privy for
proper operation, maintenance, and content disposal and pay to the
Township the fee for such annual inspection as established by the
Board of Supervisors by ordinance or resolution. The Township shall
retain written inspection reports which shall be available for review
by the Department.
[Ord. 2001-01, 2/26/2001, § 8]
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 Board in accordance with this Part or any rules
and regulations adopted by the Board, and the disposal thereof shall
be made only at such site or sites as may be approved by the Department.
[Ord. 2001-01, 2/26/2001, § 9]
1.
The owner of an improved property that utilizes a privy shall:
A.
Maintain the privy in conformance with this or any other ordinance
of the Township, the provisions of any applicable law, and the rules
and regulations of the Board and any administrative agency of the
Commonwealth of Pennsylvania.
B.
Abandon the privy consistent with applicable public health and environmental
standards and obtain a permit for and install an approved on-lot sewage
disposal system meeting 25 Pa.Code, Chapter 73, in the event that
water under pressure or piped waste water becomes available to the
property.
C.
Permit the Township to enter upon lands to inspect the privy for
proper operation, maintenance and contents.
[Ord. 2001-01, 2/26/2001, § 10; as amended by Ord.
2012-02, 2/13/2012]
1.
It shall be a violation of this Part to commit or to permit any other
person to commit any of the following acts:
A.
To install, repair, modify or alter a privy prior to obtaining a
permit or in a manner which violates the terms and conditions of any
permit.
B.
To misuse or fail to maintain a privy.
C.
To collect, transport and dispose of the contents of a privy or to
permit any person to collect, transport, or dispose of the contents
of a privy in violation of the conditions of a permit, this Part,
or the regulation of the Department.
D.
To fail to abandon a privy consistent with applicable Department
standards if water under pressure becomes available.
E.
To place false information on or omit relevant information from an
application for a permit.
F.
To fail to comply with any other provision of this Part.
2.
For each violation of the provisions of this Part, the owner, agent
or contractor performing construction upon a lot where such violation
shall exist, and/or the owner, agent, lessee, or contractor or any
other person who commits, takes part in, or assists in any such violation
shall be liable, upon conviction thereof, in an action brought before
a magisterial district judge 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 less than $200 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 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. 2001-01, 2/26/2001, § 11]
In addition to any other remedies in this Part, any violation of §§ 18-257, 18-258, and 18-259 above shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.[1]
[1]
Editor’s Note: Former Part 3, Connections to Northwestern
Lancaster County Authority System, adopted by Ord. No. 1991-7, 9/9/1991,
as amended, which immediately followed this section, was repealed
by Ord. No. 2019-02, 6/10/2019.
