[Ord. No. 1-1982, 7/6/1982; Ord. No. 3-2018, 8/6/2018]
The purpose of this Part 1 is to establish procedures for the use and maintenance of existing and new holding tanks designed to receive sewage whether from residential or commercial uses. It is hereby declared that the enactment of this Part 1 is necessary for the protection, benefit, and preservation of the health, safety, and welfare of the inhabitants of this municipality.
[Ord. No. 1-1982, 7/6/1982; Ord. No. 3-2018, 8/6/2018]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Part 1 shall be as follows:
AGENCY
The Township Supervisors of Walker Township, Juniata County, Pennsylvania.
HOLDING TANK
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.
IMPROVED PROPERTY
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.
MUNICIPALITY
Walker Township, Juniata County, Pennsylvania.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
PERSON
Any individual, partnership, company, association, corporation or other group or entity.
SEWAGE
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 to 691.1001).
SEWAGE ENFORCEMENT OFFICER
A person serving the agency who has received training through the Pennsylvania Department of Environmental Protection and has been certified by the Commonwealth of Pennsylvania to hold the official position of Sewage Enforcement Officer.
[Ord. No. 1-1982, 7/6/1982; Ord. No. 3-2018, 8/6/2018]
The Agency 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.
[Ord. No. 1-1982, 7/6/1982; Ord. No. 3-2018, 8/6/2018]
The Agency 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.
[Ord. No. 1-1982, 7/6/1982; Ord. No. 3-2018, 8/6/2018]
All such rules and regulations adopted by the Agency 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. 1-1982, 7/6/1982; Ord. No. 3-2018, 8/6/2018]
The Agency 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 authorized by applicable law.
[Ord. No. 1-1982, 7/6/1982; Ord. No. 3-2018, 8/6/2018]
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 Agency, 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 Agency will receive, review and retain pumping receipts from permitted holding tanks.
3. 
The Sewage Enforcement Officer will complete and retain annual inspection reports for each permitted holding tank.
[Ord. No. 1-1982, 7/6/1982; Ord. No. 3-2018, 8/6/2018]
1. 
The owner of an improved property that utilizes a holding tank shall:
A. 
Maintain the holding tank in conformance with this or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the Agency and any administrative agency of the Commonwealth of Pennsylvania.
B. 
Permit only the Sewage Enforcement Officer or its agent to inspect holding tanks on an annual basis.
C. 
Permit only certified or approved entities to collect, transport and dispose of the contents therein.
[Ord. No. 1-1982, 7/6/1982; Ord. No. 3-2018, 8/6/2018]
Any person who violates any provisions of § 18-108, 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.
[Ord. No. 1-1982, 7/6/1982; Ord. No. 3-2018, 8/6/2018]
In addition to any other remedies provided in this Part 1, any violation of § 18-108 above shall constitute a nuisance and shall be abated by the municipality or the Agency by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
[Ord. No. 1-1982, 7/6/1982; Ord. No. 3-2018, 8/6/2018]
All ordinances or resolutions or parts of ordinances or resolutions, insofar as they are inconsistent herewith, be and the same are hereby repealed.
[Ord. No. 1-1982, 7/6/1982; Ord. No. 3-2018, 8/6/2018]
If any sentence, clause, section or part of this Part 1 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 Part 1.
[Ord. No. 1-1982, 7/6/1982; Ord. No. 3-2018, 8/6/2018]
This Part 1 shall become effective five days after its adoption.