[Ord. 2017-06, 8/10/2017]
1.
BOARD OF SUPERVISORS
HOLDING TANK
A.
B.
C.
IMPROVED PROPERTY
OWNER
PERSON
SEWAGE
TOWNSHIP
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this Part shall be as follows:
The Board of Supervisors of Swatara Township, Lebanon County,
Pennsylvania.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage and is designed and constructed
to facilitate the ultimate disposal of the sewage at another site.
Holding tanks include, but are not limited to, the following:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
VAULT PIT PRIVYA holding tank designed to receive sewage where water pressure is not available.
Any property within Swatara 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.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in Swatara 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, or any substance
which constitutes pollution under the Clean Stream Law (35 PS §§ 691.1
- 691.1001), as amended.
The Township of Swatara, Lebanon County, Pennsylvania.
[Ord. 2017-06, 8/10/2017]
The Township 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.
[Ord. 2017-06, 8/10/2017]
The Township, acting through the Board of Supervisors, 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.
[Ord. 2017-06, 8/10/2017]
All such rules and regulations adopted by the Township, acting
through the Board of Supervisors, 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 Township hereby adopts the
regulations of the Department of Environmental Protection of the Commonwealth
of Pennsylvania found in Title 25, Chapters 71 and 73, of the Pennsylvania
Code, as amended, governing retaining tanks as the regulations governing
the design, installation, and use of holding tanks within the Township.
[Ord. 2017-06, 8/10/2017]
The Township, acting through the Board of Supervisors, 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.
[Ord. 2017-06, 8/10/2017]
1.
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 Township, acting through the Board
of Supervisors, 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.
2.
The Township will receive, review, and retain pumping receipts from
permitted holding tanks.
3.
The Township will complete and retain annual inspection reports for
each permitted holding tank.
[Ord. 2017-06, 8/10/2017]
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 Township, acting through the Board of Supervisors,
and any administrative agency of the Commonwealth of Pennsylvania,
including, but not limited to, § 71.63 and § 73.61
et seq., as amended, of the Department of Environmental Protection
Regulations.
B.
Permit the Township or its agent to inspect holding tanks on at least
an annual basis.
C.
Permit the Township or its agent to collect, transport, and dispose
of the contents therein.
[Ord. 2017-06, 8/10/2017]
Any person who violates any provision of this Part shall be
subject to civil enforcement and a fine not to exceed $600 per violation
and/or criminal enforcement, as a summary offense, with a criminal
fine not to exceed $1,000 per violation and imprisonment not to exceed
30 days. Each day that a violation of this Part continues to exist
shall constitute a separate offense. Such civil enforcement, criminal
enforcement, and fines shall be in accordance with provisions of 53
P.S. § 66601, as amended.
[Ord. 2017-06, 8/10/2017]
In addition to any other remedies provided in this Part, any violation of § 18-407 above shall constitute a nuisance and shall be abated by the Township, acting through the Board of Supervisors, by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
[Ord. 2017-06, 8/10/2017]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections,
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors of the Township that this Part would have been
adopted had such unconstitutional, illegal or invalid sentence, clause,
section or part thereof not been included herein.
