[Ord. 263, 1/28/1985, § 1]
The purpose of this Part if to establish procedures for the
use and maintenance of holding tanks 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. 263, 1/28/1985, § 2]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
HOLDING TANK
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include but are not limited
to the following:
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CHEMICAL TOILET — Which is a toilet using chemicals that
discharges to a holding tank.
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RETENTION TANK — Which is a holding tank where sewage
is conveyed to it by a water carrying system.
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VAULT PIT PRIVY — Which is a holding tank designed to
receive sewage where water under pressure is not available.
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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 property located in the Township.
PERSONS
Any individual, partnership, company, association, corporation
or other group or entity.
SEWAGE
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.
TOWNSHIP
Harmar Township, Allegheny County, Pennsylvania.
[Ord. 263, 1/28/1985, § 3]
The Board of Supervisors is hereby authorized and empowered
to undertake within the Township the control and methods of holding
tank sewage disposal and the collection and transportation thereof.
[Ord. 263, 1/28/1985, § 4]
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 purpose herein.
[Ord. 263, 1/28/1985, § 5]
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.
[Ord. 263, 1/28/1985, § 6]
The Board shall have the right and power to fix, alter, charge
and collect rates, assessments, and other charges in the area served
by holding tanks at reasonable and uniform rates as authorized by
applicable law.
[Ord. 263, 1/28/1985, § 7; as amended by A.O.]
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 Board, 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.
[Ord. 263, 1/28/1985, § 8]
1. The owner of an improved property that utilizes a holding tank shall:
A. Maintain the holding tank in conformance with this Part or any ordinance
of this Township, the provisions of any applicable law, and the rules
and regulations of the Board and any applicable law, and the rules
and regulations of the Board and any administrative agency of the
Commonwealth of Pennsylvania.
B. Permit only the Board or anyone acting under the direction of the
Board to collect, transport, and dispose of the contents therein.
C. Post a bond with a commercial surety for the faithful performance
in accordance with this Part and any rules and regulations hereafter
adopted by the Board.
[Ord. 263, 1/28/1985, § 9; as amended by A.O.]
Any person who violates any provisions of §
18-108, 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 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. 263, 1/28/1985, § 10]
In addition to any other remedies provided in this Part, any violation of §
18-108 above shall constitute a nuisance and may be abated by the Township seeking appropriate equitable or legal relief from a court of competent jurisdiction.