[Ord. 2-91, 1/7/1991, § 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 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. 2-91, 1/7/1991, § 2]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
The Pennsylvania Sewage Facilities Act, 35 P.S. §§ 750.1
— 750.20, as from time to time amended.
Richmond Municipal Authority of Tioga County, Pennsylvania,
a Pennsylvania Municipal Authority.
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 be discharged.
The duly appointed Sewage Enforcement Officer of the Township.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual, partnership, company, association, corporation
or other group or entity.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed 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.
The regulations of the Pennsylvania Department of Environmental
Resources, Pa. Code, Title 25, Subpart C., Chapters 71 and 73, as
adopted; and, all future regulations of the Department pertaining
to privies.
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.
Richmond Township, Tioga County, Pennsylvania.
[Ord. 2-91, 1/7/1991, § 3]
The Township is hereby authorized and empowered to undertake
within the Township the control and methods of privy use, sewage disposal
and sewage collection and transportation thereof. Nothing contained
herein shall prohibit or restrict the Township from delegating or
contracting the collection and disposal of privy vault waste, provided
the delegee or contractee follow all Township ordinances, and all
applicable rules and regulations of the administrative agencies and
Commonwealth of Pennsylvania.
[Ord. 2-91, 1/7/1991, § 4]
1.
The Township is hereby authorized and empowered to adopt such rules
and regulations concerning sewage which it may deem necessary from
time to time to effect the purposes herein. The Township shall establish
the following:
A.
Establish and implement a Township program to inspect all privies
and privy vaults at least once a year, or more as deemed appropriate
by the Township.
B.
Establish and implement administrative procedures to receive, review
and retain all pumping receipts from permitted privies.
C.
Establish and implement procedures for correction of any privy malfunction.
D.
Maintain written reports of all privies inspected.
[Ord. 2-91, 1/7/1991, § 5]
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,
including but not limited to the rules and regulations promulgated
pursuant to the Pennsylvania Sewage Facilities Act.
[Ord. 2-91, 1/7/1991, § 6]
The Township 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. 2-91, 1/7/1991, § 7]
Privies may be used, subject to the provisions of this chapter,
to serve as temporary sewage disposal from existing structures within
the Township of Richmond, where on-lot sewage disposal facilities
are not feasible due to unsuitability of soils; for a temporary sewage
disposal from existing structures where a malfunction in the presently
installed on-site sewage treatment system cannot be suitable, repaired
or replaced due to unsuitability of soils; or temporarily serve for
sewage disposal for new construction in any area of the Township for
which a revision to the Township's Official Sewage Facilities
Plan has been approved by the Department.
[Ord. 2-91, 1/7/1991, § 8]
1.
The property owner must show that site and soil suitability testing
of the lot has been conducted by the Sewage Enforcement Officer and
that the site meets the Title 25, Chapter 73 (Standards for Sewage
Disposal Facilities), requirements for the ultimate sewage disposal
by an approved on-lot system if water under pressure or piped waste
water becomes available to the lot.
2.
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 system.
4.
Specific conditions for use of privies shall be incorporated in the
permit application and permit for the proposed use of a privy.
5.
The Township is provided the opportunity to inspect the privy for
proper operation, maintenance and content disposal.
[Ord. 2-91, 1/7/1991, § 9]
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 Resources of the Commonwealth of Pennsylvania.
[Ord. 2-91, 1/7/1991, § 10]
1.
The owner of an improved property that utilizes a privy shall:
A.
Maintain the privy in conformance with this or any ordinance of this
Township, the provisions of any applicable law, and the rules and
regulations of the Township 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 waste water becomes available to the property.
D.
Permit the Township to enter upon lands to inspect the privy for
proper operation, maintenance and contents disposal.
[Ord. 2-91, 1/7/1991, § 11]
1.
Any landowner seeking to use a privy for sewage disposal on any lot
situated in the Township shall, after receipt of Township and Department
official sewage facilities plan approval, obtain a permit from the
Township Sewage Enforcement Officer.
2.
Permit application shall be made upon a form to be supplied by the
Township to any landowner upon such landowner's request.
3.
The landowner shall file the completed and executed application for
permit with the Township which shall then forward the application
to the County Planning Commission for a review and comment period
not to exceed 60 days; and, shall pay to the Township such application
fees as the Township may from time to time prescribe by resolution.
4.
The landowner shall cooperate with the Township's officer at
all stages of the application process.
5.
A permit shall be issued to the landowner upon proper application
after the Board has amended its Official Sewage Facilities Plan and
after approval by the Department.
6.
Prior to grant of permit, the landowner shall obtain and file with
the Township a certified copy of each of the following documents:
A.
A completed application;
B.
Fees as established by resolution of the Township;
C.
An agreement to reimburse and indemnify the Township for any liability,
costs and expenses which shall or may be incurred by the Township
in actions to enforce compliance by the landowner or to remove the
contents of the privy or the privy upon default or failure of the
landowner to perform or for any fines incurred by the Township by
reason of the landowner's failure to comply with this Part, any
properly enacted amendment hereto or the laws and regulations of the
Commonwealth of Pennsylvania. The agreement shall be in the form required
by the Township.
[Ord. 2-91, 1/7/1991, § 12]
1.
In the event a privy permit has been issued for new construction
pending the installation of a permanent sewage disposal system, the
landowner shall remove or cause the removal of the privy within 20
days after the use of the permanent sewage disposal system is made
available to the landowner; and, shall connect with the permanent
disposal system in the same time.
2.
Township, at its election, shall have the right to enter upon the
premises of a landowner for the purpose of removing or causing the
removal of any privy which remains in place in violation of this Part.
All costs and expenses of removal shall be borne by the landowner.
[Ord. 2-91, 1/7/1991, § 13]
1.
Any privy installed or maintained pursuant to a permit issued under
this Part shall comply, in all respects, to the specifications set
forth in Regulations of the Department, 25 Pa. Code, Chapter 73, inclusive.
2.
The landowner shall cause the privy to be maintained in a good watertight
condition at all times.
3.
All privies shall be installed on a firm and stable soil or subsoil;
and in such manner as to prevent settlement or movement.
4.
No privy vaults or lines to the privy shall be covered until the
Township's Sewage Enforcement Officer shall have first inspected
and approved the installation and authorized covering the same. The
landowner shall be responsible for furnishing the Officer reasonable
notice of the installation.
5.
The landowner shall cause a privy to be cleaned as frequently as
may be required to maintain the contents at a level less than 75%
of the tank capacity.
6.
Privies shall be installed at least 50 feet downgrade from any source
of water supply.
[Ord. 2-91, 1/7/1991, § 14]
1.
Any landowner who applies for and receives a permit for privies shall
be deemed to have granted his consent for inspections of the privy
and facilities used in connection with the privy by the designated
Sewage Enforcement Officer of the Township. At reasonable times during
the hours of 8:00 a.m. through 8:00 p.m., the landowner shall grant
the Sewage Enforcement Officer access to the premises for the purpose
of making such inspections upon request of the Sewage Enforcement
Officer verbally or in writing.
2.
The failure of a landowner to permit inspection of privies or equipment
or facilities used in connection with the privies; or the failure
of the landowner to have the privies properly maintained and pumped
out shall be grounds for immediate revocation of the permit.
[Ord. 2-91, 1/7/1991, § 15]
Any landowner aggrieved by denial of permit application shall
first appeal to the Township. The procedure for appeal shall in all
respects conform to the procedure for appeal from denial of sewage
permit by the designated Officer of the Township, as provided by law.
[Ord. 2-91, 1/7/1991, § 16; as amended by Ord.
91-4, 9/3/1991; and by Ord. 3-97, 8/5/1997]
Any person, firm or corporation who shall violate any provision of this § 18-307, 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 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 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. 2-91, 1/7/1991, § 17]
In addition to any other remedies provided in this Part, any violation of § 18-307 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.
