[Adopted 5-1-1986 by Ord.
No. 55-1986]
The purpose of this article is 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 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 Supervisors of Carroll Township, York County, Pennsylvania.
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:
CHEMICAL TOILETWhich is a toilet using chemicals that discharged to a holding tank.
RETENTION TANKWhich is a holding tank where sewage is conveyed to it by a water-carrying system.
VAULT PIT PRIVYWhich is a holding tank designed to receive sewage where water under pressure is not available.
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.
Carroll Township, York 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.
[Amended 10-7-1997 by Ord. No. 108-1997]
The Board is hereby authorized and empowered to undertake within
the Township the controlling methods of holding tank use, sewage disposal
and sewage collection and transportation thereof.
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, 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.
A.
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall be done solely 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.
B.
The owner of the permitted holding tank shall provide to the Board
copies of all pumping receipts.
[Added 10-7-1997 by Ord.
No. 108-1997]
C.
The owner of the permitted holding tank shall provide the Board with
the opportunity to perform an annual inspection.
[Added 10-7-1997 by Ord.
No. 108-1997]
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this or any ordinance
of this 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.
Permit only authorized haulers approved by the Board to collect,
transport, and dispose of the contents therein.
C.
Bear all costs of maintenance, hauling, pumping and disposal.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
In addition to any other remedies provided in this article, any violation of § 308-36 above shall constitute a nuisance and shall be abated by the municipality by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
