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 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:
AUTHORITY
The Metal Township Municipal Authority of Metal Township,
Franklin County, Pennsylvania.
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.
PERSON
Any individual, partnership, company, association, corporation
or other group or entity.
PRIVY
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage where water under pressure or piped
waste water is not available and is designed and constructed to facilitate
the ultimate disposal of sewage at another site.
SEWAGE
A combination of water carried wastes from residences, commercial
establishments, industrial facilities, and institutions.
The Authority 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 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.
All such rules and regulations adopted by the Authority shall
be in conformity with the provisions herein, the Code 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 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.
The collection and transportation 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 sites as may be approved by the Department of Environmental
Protection or the Commonwealth of Pennsylvania.
The owner of an improved property that utilizes a privy shall:
A. Maintain the privy in conformance with this article and the Code
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.
B. Permit only the Authority 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. Abandon the privy if the municipality and/or Authority determine
that such abandonment is necessary according to rules and regulations
of the Authority.
E. Permit the Authority to enter upon lands to inspect the privy for
proper operation, maintenance and contents disposal.
Any person who violates any provisions of this article shall,
upon conviction thereof by summary proceedings brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense, and shall be subject to the payment of a fine
not to exceed $1,000, plus the costs of prosecution and upon default
of payment thereof, the defendant may be sentenced to imprisonment
in the county prison to the extent allowed by law for the punishment
of summary offenses pursuant to the Second Class Township Code, Act
No. 172 of 1996, 53 P.S. § 66601(2).
In addition to any other remedies provided in this article, any violation of §
18-60 above 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.
In all other respects, the Code of the Metal Township shall
remain as previously enacted and ordained.