[Adopted 7-3-1990]
The purpose of this article 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 article
is necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of this municipality, except
for such exemptions set aside by the Act of Assembly as shall be applicable
to agricultural uses.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
Board of Supervisors of the Township of Wyalusing, Bradford
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.
Township of Wyalusing Bradford County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, or 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, except such exemptions
as shall be set aside by Act of Assembly as exempt from requiring
planning in the disposal of waste for agricultural uses without actual
harm resulting, to wit: agricultural farm waste as defined under Title
25, Chapter 83, Section 83.201, regarding special water pollution
regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
That the Authority 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.
That 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, all other ordinances
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 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 by or under
the direction and control of the Authority, 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 Authority will receive, review and retain pumping receipts from
permitted holding tanks.
C.
The Authority will complete and retain annual inspection reports
for each permitted tank.
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this article or any
ordinance 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 inspect holding tanks on
an annual basis.
C.
Permit only the Authority or its agent to collect, transport, and
dispose of the contents therein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person failing to comply with the provisions of this article
shall be subject to the summary offense penalties of 35 P.S. § 750.13
and, in addition thereto, may be subject to the civil penalties of
35 P.S. § 750.13a. Each day of noncompliance shall constitute
a separate offense.
In addition to any other remedies provided in this article, any violation of § 182-24 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If any sentence, clause, section or part of this article 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 article. It is hereby declared as the intent of the
Board of Supervisors of the Township, that this article would have
been adopted had such constitutional, illegal or invalid sentence,
clause, section or part thereof not been included therein.
