[Adopted 7-5-1994 by Ord.
No. 7-5-94]
The purpose of this article is to establish procedures for the
use and maintenance of existing and new holding tanks designed to
receive and retain sewage, whether from residential or commercial
uses, and it is hereby declared that the enactment of this article
is necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of this municipality.
As used in this article, the following terms shall have the
meanings indicated:
Supervisors of North Newton Township, Cumberland County,
Pennsylvania.
A watertight receptacle, whether permanent or temporary which
receives and retains sewage conveyed by a water-carrying system and
is designed and constructed to facilitate the ultimate disposal of
the sewage at another site.
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.
North Newton Township, Cumberland County, Pennsylvania.
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.
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.
The Authority is hereby authorized and empowered to undertake
within the Township the control and methods of holding tank use, sewage
disposal and sewage collection and transportation thereof.
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 effect the purposes herein. The Authority may
delegate its powers and duties to the Township Sewage Enforcement
Officer as it deems appropriate.
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.
The Authority shall have the right and power to fix, alter,
charge and collect rates, assessments, and other charges in the Township
in reference to enforcing the provisions of this article at reasonable
and uniform rates.
A.
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.
B.
The Authority will receive, review and retain pumping receipts from
permitted holding tank.
C.
The Authority will complete and retain annual inspection reports
for each permitted tank.
D.
The owner shall provide all information and documentation reasonably
requested by the Authority.
E.
The owner shall permit the Authority to inspect the holding tanks
on an annual basis or at any time the Authority reasonably believes
that the holding tank is malfunctioning or that the provisions of
this or any other applicable law, rule or regulation is being violated.
The owner of an improved property that utilizes a holding tank
at the time that this article is enacted shall:
A.
Contact the Authority so that an assessment can be undertaken at
the owner's expense, as to whether the owner shall be required to
install a septic system. Said system may include a conventional sand
mound, small-flow sewage treatment facility or any other type of treatment
and disposal currently or hereafter developed and approved by the
Department of Environmental Protection (DEP) and the Authority. Only
if the Authority determines that no alternate method of disposal is
available, shall the holding tank be permitted. In giving consideration
to permitting the use of a holding tank, the Authority shall consider
the following factors:
B.
Maintain the holding tank in conformity with this or any ordinance
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.
A.
When a property owner has an on-lot sewage disposal system that malfunctions such that repairs or replacement are necessary, then the owner, upon application to the Authority, shall have the right to maintain a holding tank subject to the duties outlined in § 237-12 herein for a period of up to six months.
B.
When a property owner has an on-lot sewage disposal system that malfunctions and cannot be repaired or replaced, the Authority may consider allowing the owner to utilize a holding tank, subject to the duties outlined in § 237-12 herein.
C.
The owner shall maintain the holding tank in conformity with this
or any ordinance 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.
A.
A property owner who utilizes his property for an institutional,
recreational or commercial establishment which produces a sewage flow
of less than 400 gallons per day shall be entitled to receive a permit
for a holding tank.
B.
A property owner shall maintain the holding tank in conformity with
this or any ordinance 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.
Any person failing to comply with the provisions of this article
shall be subject to the summary offense penalties of 35 P.S. § 750.13
and, in addition thereto, may be subject to the civil penalties of
35 P.S. § 750.13a, as amended. Each day of noncompliance
shall constitute a separate offense.
In addition to any other remedies provided in this article, any violation of § 237-12 hereinabove shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
