[Adopted 4-5-2016 by Ord.
No. 2016-1]
The preamble recited above is incorporated by reference herein.[1]
[1]
Editor's Note: See the original ordinance on file in the Township
office.
The Board of Supervisors of North Newton 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.
The purpose of this article is to establish procedures for the
use and maintenance of existing and new privies designed to receive
and retain sewage from any source, including residential, institutional
and 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.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
The Board of Supervisors of North Newton Township, Cumberland
County, Pennsylvania.
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.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage on lots served by on-lot water systems
and where public sewerage is not available, which receptacles are
designed and constructed to facilitate the ultimate disposal of the
sewage at another site.
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 or any substance
which constitutes pollution under the Clean Streams Law (35 P.S. §§ 691.1
through 691.1001).
A.
The owner must show that, in the event public water, water under
pressure or sewer become available at the property, that the 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, except that
the conditions of use described above do not apply:
(1)
To a privy to be used on a lot which is one acre or larger and is
not nor will be served by water under pressure or public water in
the future.
(2)
To temporary use of portable retention tanks where their use is proposed
at construction sites or at the site of public gatherings and entertainment.
B.
At such time that public water becomes available, the property owner
must remove the privy and replace the privy with an approved on-lot
system.
C.
The municipality shall be permitted to inspect the privy for proper
operation, maintenance and content disposal at any time.
D.
An annual inspection of privies within the Township, including completion
and retention of a written inspection report, shall be conducted.
E.
The owner shall furnish the municipality pumping receipts from privies
on each occasion a privy is pumped.
F.
Specific conditions for use of privies shall be incorporated in the
permit application for the proposed use of a privy.
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 municipality and/or the appropriate commonwealth
agency 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.
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 municipality and any administrative agency of the
Commonwealth of Pennsylvania.
B.
Permit only the municipality or its agent to collect, transport,
and dispose of the contents therein as set forth in a privy disposal
agreement.
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 public water or public
sewer becomes available to the property.
D.
Permit the municipality to enter upon lands to inspect the privy
for proper operation, maintenance and contents disposal at any time.
The Board 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. All such rules and regulations
adopted by the Board 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 Board shall have the right and power to fix charge and collection
rates, assessments, and other charges related to privies at reasonable
and uniform rates as authorized by applicable law.
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.
