[Adopted 7-2-1990 by Ord. No. 114]
The purpose of this article is to establish
procedures for the use and maintenance of existing and new holding
tanks and 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:
The Supervisors of Washington Township, Franklin County,
Pennsylvania.
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.
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.
The Township of Washington, Franklin 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).
The governing body is hereby authorized and
empowered to undertake within the Township the control and methods
of holding tank and privy use, sewage disposal and sewage collection
and transportation thereof.
The governing body 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
governing body 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 governing body 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 collection and transportation of all sewage from
any improved property utilizing a holding tank or privy shall be done
solely by or under the direction and control of the governing body,
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.
B.
The governing body will receive, review and retain
pumping receipts from permitted holding tanks.
C.
The governing body will complete and retain annual
inspection reports for each permitted tank.
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 as they may from time to time be
amended 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 governing body shall have the opportunity to inspect
the privy for proper operation, maintenance and content disposal.
The owner of an improved property that utilizes
a holding tank or privy shall:
A.
Maintain the holding tank or privy in conformance
with this or any ordinance of this Township, the provisions of any
applicable law, and the rules and regulations of the governing body
and any administrative agency of the Commonwealth of Pennsylvania.
B.
Permit only the governing body or its agent to inspect
holding tanks on an annual basis.
C.
Permit only the governing body or its agent to collect,
transport and dispose of the contents within said holding tank or
privy.
D.
Abandon the privy consistent with applicable public
health and environmental standards or other appropriate 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.
E.
Permit the governing body to enter upon lands to inspect
the privy for proper operation, maintenance and contents disposal.
[Amended 11-16-2009 by Ord. No. 224]
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 § 271-23 above shall constitute a nuisance and shall be abated by the municipality or the governing body by either seeking mitigation of the nuisance; by institution of a suit or suits in equity to restrain or prevent violations of the aforesaid sections; or by seeking a mandatory preliminary injunction under the applicable provisions of the Pennsylvania Sewage Facilities Act;[1] or by seeking other legal relief from a court of competent
jurisdiction.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
