[Ord. No. 02-10-2004,
2/10/2004]
1.
The Township of Hemlock, Columbia County, Pennsylvania, hereby directs,
authorizes, and empowers the Committee to administer all sections
of the Act 537 described in §§ 6(c)(1) and 13.2(b),
35 P.S. § 750.1 et seq., including the following:
A.
Accept applications for, make the required inspections and issue,
deny or revoke permits pursuant to the requirements of the Act aforesaid,
for and on behalf of the Township.
B.
Appoint one or more Sewage Enforcement Officer(s) to make, on behalf
of this Township, the required inspections within the said Township
and to receive applications for and to issue in the name of said Township,
permits as provided for by said Act or deny/or revoke the same.
C.
To collect on behalf of this Township the permit fees that shall
be fixed by said committee and adopted by this Township, which permit
fees shall be turned over to said committee, this Township further
agreeing to turn over to the committee all monies appropriated by
or paid to said Township in connection with the carrying out of the
provisions of the Act aforesaid.
D.
To employ such office staff, consultants, legal advisors, and field
help as it deems proper, insofar as its budget shall permit.
E.
Through its Sewage Enforcement Officers, to institute such legal
proceedings as it deems necessary or as advisable to insure compliance
with the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1
et seq., as amended.
[Ord. No. 02-10-2004,
2/10/2004]
The Township, in furtherance of the implementation of this regional
program, hereby constitutes and appoints one representative of the
Township, to serve as a member of the Committee, said appointment
to continue in full force and effect until such time as said municipality
withdraws from the program or until such person ceases to be an elected
Supervisor or Councilman of the Township.
[Ord. No. 02-10-2004,
2/10/2004]
The Township of Hemlock, Columbia County, hereby directs, authorizes
and empowers that Committee to establish an Appeal Board, including
the appointment of members thereto, to conduct hearings in the event
of the denial or revocation of any permit, in accordance with the
provisions of the Act, for and on behalf of the Township.
[Ord. No. 02-10-2004,
2/10/2004]
The committee shall present a proposed annual budget no later
than November 30 at the semi-annual administrative committee meeting,
at which time the budget is to be adopted as presented or be revised,
then adopted. The new budget will become effective January 1st of
the following year.
[Ord. No. 02-10-2004,
2/10/2004]
The committee shall furnish the Township with an annual audit
of its books and records.
[Ord. No. 02-10-2004,
2/10/2004]
This Part shall take effect upon its adoption as provided by
law and continue in effect from year to year thereafter unless terminated
by the Township at the end of any year following notice thereof to
the Committee on or before November 1 of such year.
[Ord. No. 2-11-92, 2/11/1992, § 1]
The purpose of this Part is to establish procedures for the
use and maintenance of existing and new 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 residents of this Township.
[Ord. No. 2-11-92, 2/11/1992, § 2]
Unless the context clearly and specifically indicates otherwise,
the meaning of certain terms used in this Part shall be as follows:
The Board of Supervisors of Hemlock Township, Columbia County,
Pennsylvania.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water carrying system
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site.
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual, corporation, partnership, association, or
other group or entity.
Any substance containing any of the waste products, 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, to animal or aquatic life, or to the use of water
for domestic water supply or for recreation.
Hemlock Township, Columbia County, Pennsylvania.
[Ord. No. 2-11-92, 2/11/1992, § 3]
The Board is hereby authorized and empowered to undertake within
the Township the control and methods of holding tank use, sewage disposal,
sewage collection and transportation thereof.
[Ord. No. 2-11-92, 2/11/1992, § 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 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.
[Ord. No. 2-11-92, 2/11/1992, § 5]
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.
[Ord. No. 2-11-92, 2/11/1992, § 6; as amended by
Ord. No. 11-11-2014, 11/11/2014]
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 Board, or its authorized designee,
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 Board, or its authorized designee, shall receive, review and
retain pumping receipts from permitted holding tanks.
3.
The Board, or its authorized designee, will perform an annual inspection
of each permitted holding tank and will complete and retain annual
inspection reports for each permitted holding tank.
[Ord. No. 2-11-92, 2/11/1992, § 7]
1.
The owner of any improved property utilizing a holding tank shall:
A.
Maintain the holding tank in conformance with this Part, the provisions
of any applicable law, the rules and regulations of the Board, and
the rules and regulations of any administrative agency of the Commonwealth
of Pennsylvania.
B.
Permit only the Board, or its authorized designee, to inspect the
holding tank on at least an annual basis.
C.
Permit only the Board, or its authorized designee, to collect, transport,
and dispose of the contents of the holding tank.
[Ord. No. 2-11-92, 2/11/1992, § 8; as amended by
Ord. No. 11-11-2014, 11/11/2014]
Any person, firm or corporation who shall violate any provision
of this Part, 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. No. 2-11-92, 2/11/1992, § 9]
In addition to any other remedies provided in this Part, any violation of § 18-117, above, shall constitute a nuisance which may be abated by the Board or the Township by either seeking mitigation of the nuisance or appropriate legal or equitable relief from a court of competent jurisdiction.
