[Adopted 7-3-1990]
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:
Township of Wyalusing Bradford County Pennsylvania.
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, of any property located in the Township.
Any individual, partnership, company, association, corporation
or other group or entity.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage where water under pressure or piped
wastewater is not available and is designed and constructed to facilitate
the ultimate disposal of the sewage at another site.
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 Streams Law (35 P.S. §§ 691.1
through 691.1001).
That 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.
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, 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 property owner must show that site and soil suitability testing
of the lot has been conducted by the Sewage Enforcement Officer and
that the site meets the Title 25, Chapter 73 (Standards for Onlot
Sewage Treatment Facilities) requirements for the ultimate sewage
disposal by an approved on-lot system if water under pressure or piped
wastewater becomes available to the lot.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
At such time that water under pressure becomes available, the property
owner must remove the privy and replace the privy with an approved
on-lot system.
D.
Specific conditions for use of privies shall be incorporated in the
permit applications and permit for the proposed use of a privy.
E.
The authority is provided the opportunity to inspect the privy for
proper operation, maintenance and content disposal.
The collection and transportation of all sewage from any improved
property utilizing a privy 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.
The owner of an improved property that utilizes a privy shall:
A.
Maintain the privy 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 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[1] in the event that water under pressure or piped wastewater
becomes available to the property.
[1]
Editor's Note: See 25 Pa. Code § 73 et seq.
D.
Permit the Authority to enter upon lands to inspect the privy for
proper operation, maintenance and contents disposal.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates any provisions of § 182-34, 182-35 or 182-36 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $500 and not more than $5,000 plus costs and, in default of said fine and costs, to undergo imprisonment in the County Prison for a period not in excess of 90 days.
In addition to any other remedies provided in this article, any violation of § 182-36, 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.
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.
This article is effective the 8th day of July A.D., 1990, by
the Supervisors of the Township of Wyalusing Bradford County, Pennsylvania
in Lawful Session duly assembled.
