[Adopted 3-17-1986 by Ord. No. 95]
The purpose of this article is to clarify when
it is necessary to apply for and obtain a permit for the installation,
modification, or repair of an individual sewage system or a community
sewage system, and to require the applicant to pay all fees and costs
of said permit.
Unless otherwise specifically set forth herein,
the definitions used in this article are to have the same meaning
as set forth in Section 2 of the Act, as amended,[1] and as set forth in the applicable Rules and Regulations
of the Department of Environmental Protection.
[1]
Editor's Note: See 35 P.S. § 750.2.
No person shall install, modify or repair an
individual sewage system or community sewage system; and no person
shall construct or request bids for construction of an individual
sewage system or a community sewage system; and no person shall install
or occupy any building or structure for which an individual sewage
system or a community sewage system is to be installed without first
obtaining a permit indicating that the site, plans and specifications
of such system are in compliance with this article. A permit shall
be required in every instance where a person desires to install, construct,
modify or repair an individual sewage system or a community sewage
system on any tract of land of any size or any location in Washington
Township, Franklin County, Pennsylvania, regardless of the use of
the land and regardless of whether use is established by actual usage
or by zoning. No rural residence, as that term is defined in the Act,
or any lot shall be exempt from the provisions of this article.
All permits for the construction, installation,
modification or repair of an individual sewage system or a community
sewage system shall be obtained from the Washington Township Sewage
Enforcement Officer, and the issuance of all such permits shall be
subject to all the conditions that may be required by any rules and
regulations adopted by Washington Township or the Commonwealth of
Pennsylvania concerning the issuance of sewage permits. Applications
for permits shall be submitted in writing to the Township Secretary
or her designee and shall be made on such forms as the Township Board
of Supervisors or its designee may from time to time provide or require.
The Sewage Enforcement Officer shall make all
inspections pursuant to and as required by the Act, as amended, and
the standards and regulations adopted pursuant to the aforesaid Act.
As well as any standards, regulations or resolutions adopted by Washington
Township Supervisors concerning the issuance of sewer permits.
Applicants shall pay all costs of inspection,
including but not limited to fees paid to the Sewage Enforcement Officer,
and any and all other fees and charges as the Washington Township
Supervisors may from time to time establish by resolution. Fees and
costs shall be paid to the Township Secretary or her designee.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense. The minimum fine to be imposed
is $50 per day or portion thereof for a first offense; $100 per day
or portion thereof for a second offense and $500 per day or portion
thereof for each subsequent offense. The Magisterial District Judge
may impose a fine of more than the minimum amounts set forth above.
In addition to any other remedies provided in
this article, any violation of this article shall constitute a nuisance
and may be abated by Washington Township by seeking appropriate equitable
or legal relief from a court of competent jurisdiction.
