[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:
BOARD
The Board of Supervisors of Penn Township, Lancaster County, Pennsylvania.
DEPARTMENT
The Pennsylvania Department of Environmental Protection or any agency successor thereto.
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 improved property located in Penn Township.
PERSON
Any individual, partnership, company, association, corporation, estate, trust or other group or entity.
PRIVY
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.
SEWAGE
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.
SEWAGE ENFORCEMENT OFFICER
The Sewage Enforcement Officer of the Township.
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.
4. 
The conditions of use described in Subsections 2 and 3 above do not apply:
A. 
To a privy to be used on an isolated lot which is one acre or larger and is not nor will be served by water under pressure in future.
B. 
To temporary use of portable retention tanks where their use is proposed at construction sites or at the site of public gatherings or entertainment.
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.