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.
[Adopted 11-18-2004 by Ord. No. 11.18.04.02]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
Supervisors of Eldred Township, Lycoming 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.
Eldred Township, Lycoming 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 groups 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 for recreation.
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.
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, charges 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 Sewage Disposal 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.
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 application 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 in the event that water under pressure or piped wastewater becomes available to the property.
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 § 189-20, 189-21, or 189-22 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $500 and not more than $5,000 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 § 189-22 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 of legal relief from a court of competent jurisdiction.
All ordinances or resolutions or parts of ordinances or resolutions, insofar so they are inconsistent herewith, be and the same are hereby repealed.
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 this 18th day of November 2004, by the Supervisors of the Township of Eldred of Lycoming County, in lawful session duly assembled.