[Adopted 2-19-1991 by Ord. No. 84]
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 Township.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
The Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1-750.20
as from time to time amended.
The Pennsylvania Department of Environmental Protection or
its successor state agency.
The Board of Supervisors of Kidder Township, Carbon County,
Pennsylvania.
Any property within the Township upon which 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.
A part of a subdivision or a parcel of land used as a building
site or intended to be used for building purposes, whether immediate
or future, which would not be further subdivided. Whenever a lot is
used for a multiple-family dwelling or for commercial or industrial
purposes, the lot shall be deemed to have been subdivided into an
equivalent number of single-family residential lots as determined
by estimated sewage flows.
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 which receives and retains sewage
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. The term includes the following:
Chemical toilet — A permanent
or portable nonflushing toilet using chemical treatment in the retaining
tank for odor control.
Holding tank — A tank, whether
permanent or temporary, to which sewage is conveyed by a water-carrying
system.
Privy — A tank designed to receive
sewage where water under pressure is not available.
Incinerating toilet — A device
capable of reducing waste materials to ashes.
Composting toilet — A device
for holding and processing human and organic kitchen waste employing
the process of biological degradation through the action of microorganisms
to produce a stable, humus-like material.
Recycling toilet — A device
in which the flushing medium is restored to a condition suitable for
reuse in flushing.
A substance that contains waste products or excrement or
other discharge from the bodies of human beings or animals and noxious
or deleterious substances 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 term includes any substance which constitutes
pollution under the Clean Streams Law.
Kidder Township, Carbon County, Pennsylvania.
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 use.
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 waste water 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.
C.
The conditions of use described in Subsection A above do not apply:
(1)
To a privy or chemical toilet when proposed for use
on a lot of record in existence prior to May 15, 1972, which is one
acre or larger and is not served now and will not be served in the
future by water under pressure, piped water or plumbing to move wastewater
from the structure to the privy vault or to an unpermitted disposal
system on that lot.[1]
(2)
To temporary use of portable retention tanks where
their use is proposed at construction sites or at sites of public
or private gatherings and entertainment.
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 state, federal or local health authority
or the governing body or its agent to inspect holding tanks.
C.
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, within 60 days, in the event that water under pressure or piped waste water becomes available to the property.
D.
Permit the governing body to enter upon lands to inspect
the privy for proper operation, maintenance and contents disposal.
E.
Use and occupancy permit. By obtaining permission
to use a holding tank or privy under this article, the owner of the
subject property shall agree that any failure to make timely removal
of the contents of the holding tank or any other violation of this
article or sanitary requirements will subject the owner to an automatic
revocation of the use and occupancy permit issued for the subject
property.
Any person who violates or permits a violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District
Justice, pay a fine of not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township in the enforcement
of this article. No judgment shall be imposed until the date of the
determination of the violation by the District Justice. If the defendant
neither pays nor timely appeals the judgement, the Township may enforce
the judgement pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
In addition to any other remedies provided in this article, any violation of § 142-13 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 provisions of the Pennsylvania Sewage Facilities Act; or by seeking other legal relief from a court of competent jurisdiction.
