[Ord. No. 1-1991, § 1, 1/7/1991]
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 Township.
[Ord. No. 1-1991, § 2, 1/7/1991]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
A retaining tank, whether permanent or temporary, to which
sewage is conveyed by a water carrying system.
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, partnership, company, association, corporation
or other group or entity.
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.
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.
The Township of South Hanover, Dauphin County, Pennsylvania.
[Ord. No. 1-1991, § 3, 1/7/1991]
The Township is hereby authorized and empowered to control within
the Township the methods of retaining tank use, including the use
of holding tanks, sewage disposal and sewage collection and transportation.
[Ord. No. 1-1991, § 4, 1/7/1991]
1.
The following rules and regulations shall apply to the installation
and maintenance of holding tanks within the Township of South Hanover:
A.
Holding tanks may be used in lieu of other methods of sewage disposal
only in compliance with all relevant requirements of the statutes
of the Commonwealth of Pennsylvania and rules and regulations of the
Department of Environmental Resources or other appropriate commonwealth
agency.
B.
The following design standards for holding tanks shall apply in addition
to those required by the Pennsylvania Sewage Facilities Act and the
rules and regulations adopted pursuant thereto including, but not
limited to, § 73-62 of Title 25 of the Pennsylvania Code:
(1)
The capacity of a holding tank shall be large enough to hold
a minimum of three days sewage waste or 1,000 gallons, whichever is
larger.
(2)
Holding tanks shall be constructed of durable materials and
shall be watertight and shall meet the specifications of § 73.31(b)
of Title 25 of the Pennsylvania Code.
(3)
The holding tank shall be provided with a conveniently located
cleanout access.
(4)
The holding tank shall be equipped with a warning device to
indicate when the tank is filled to 75% of its capacity. The warning
device shall create an audible or visible signal at a location frequented
by the owner or a responsible individual in the employ or family of
the owner.
(5)
Disposal of waste from a holding tank shall be at a site approved
by the Department of Environmental Resources.
2.
The Township is hereby authorized and empowered to adopt such additional
rules and regulations by resolution with regard to the subject matter
hereof as it may deem necessary to accomplish the purposes of this
article.
[Ord. No. 1-1991, § 5, 1/7/1991]
All rules and regulations adopted by the Township shall be in
conformity with the provisions hereof, all other ordinances of the
Township and all applicable laws, rules and regulations of the administrative
agencies of the Commonwealth of Pennsylvania.
[Ord. No. 1-1991, § 6, 1/7/1991]
The Township shall have the right by resolution to fix, alter,
charge and collect rates, assessments, permit fees and other charges
in the area served by its facilities at reasonable and uniform rates
as authorized by applicable law.
[Ord. No. 1-1991, § 7, 1/7/1991]
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 and the disposal thereof
shall be made only at such site or sites as may be approved by the
Department of Environmental Resources and the Commonwealth of Pennsylvania.
2.
The Township will receive, review and retain pumping receipts from
permitted holding tanks. Pumping receipts shall be submitted to the
Township on the first day of January, April, July and November for
all pumping performed in the three-month period immediately preceding
the submittal date.
3.
The Township will complete and retain annual inspection reports for
each permitted tank. Inspection fees as adopted by resolution of the
Township from time to time shall be paid by the property owner.
[Ord. No. 1-1991, § 8, 1/7/1991]
1.
The owner of an improved property that utilizes a holding tank shall:
A.
Obtain a permit from the Township sewage enforcement officer for
permission to install a holding tank. Prior to and as a condition
of issuance of the permit, the property owner shall pay the applicable
permit fee and shall pay an additional sum as prescribed by resolution
as security for the compliance by the property owner with the provisions
of this article.
B.
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 Township and any administrative agency
of the Commonwealth of Pennsylvania.
C.
Permit only the Township or its agent to inspect holding tanks on
an annual basis.
D.
Permit only the Township or its agent to collect, transport and dispose
of the contents of any holding tank therein.
[Ord. No. 1-1991, § 9, 1/7/1991; Ord. No. 3-1995, 9/12/1995]
Any person who violates any provision of § 18-307 shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 and not more than $600 plus costs and, in default of payment of said fine and costs, to undergo imprisonment for a period not in excess of 30 days.
[Ord. No. 1-1991, § 10, 1/7/1991]
In addition to any other remedies provided in this article, any violation of § 18-408, above, shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
