[HISTORY: Adopted by the Board of Supervisors
of the Township of Patton 4-12-1995 by Ord. No. 95-324. Amendments noted where
applicable.]
The purpose of this chapter is to establish
procedures for the use and maintenance of existing and new holding
tanks designed to receive and retain sewage, whether from residential
or commercial uses, and it is hereby declared that the enactment of
this chapter 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 chapter shall
be as follows:
- AUTHORITY
- The Board of Supervisors of Patton Township, Centre 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
- Patton Township, Centre 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.
The Board of Supervisors 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.
The Board of Supervisors 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
therein.
All such rules and regulations adopted by the
Board of Supervisors 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 Board of Supervisors 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 as authorized by applicable law.
A.
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 Board of Supervisors
or its agent, 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 Board of Supervisors or its agent will receive,
review and retain pumping receipts from permitted holding tanks.
C.
The Board of Supervisors or its agent will complete
and retain annual inspection reports for each permitted tank.
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 Board of Supervisors and
any administrative agency of the Commonwealth of Pennsylvania.
B.
Permit only the Board of Supervisors or its agent
to inspect holding tanks on an annual basis.
[Amended 8-14-1996 by Ord. No. 96-330]
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600, plus court costs, including reasonable
attorney fees. If the defendant neither pays nor timely appeals the
judgment, the municipality may enforce the judgment pursuant to the
applicable rules of civil procedure. Every day that a violation continues
shall constitute a separate offense.
In addition to any other remedies provided in this chapter, any violation of § 87-8 above shall constitute a nuisance and shall be abated by the municipality by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
