[Adopted 3-15-1993 by Ord. No. 1993-4]
The purpose of this article is to establish
procedures for the use and maintenance of existing and new holding
tanks designed to retain sewage, whether from residential or commercial
or industrial 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 residents of West Hanover
Township.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
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 to an approved 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.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the township.
A written approval as issued by the Sewage Enforcement Officer
of the township authorizing utilization of a holding tank.
Any individual, partnership, company, association, corporation
or any other group or entity.
Any substance that contains any of the waste products or
excrement or other discharge from 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 person appointed by the Board of Supervisors to administer
the provisions of this article and to administer the Sewage Facilities
Act[1] and regulations adopted with regard thereto.
West Hanover Township, Dauphin County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
The township 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 township 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
township 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 township 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 township, and the disposal
thereof shall be made only at such sites as may be approved by the
Department of Environmental Protection of the Commonwealth of Pennsylvania.
B.
The township will receive, review and retain pumping
receipts from permitted holding tanks. Pumping receipts shall be submitted
to the township on the first day of January, April, July and November
for all pumping performed in the three-month period immediately preceding
the submittal date.
C.
The township will complete and retain annual inspection
reports for each permitted tank. Inspection fees, as adopted by resolution
of the township, shall be paid by the owner.
The owner of an improved property that utilizes
a holding tank shall:
A.
Prior to issuance of the holding tank permit, enter
into an agreement with a licensed hauler approved by the township,
evidencing the hauler's agreement to collect, transport and dispose
of the contents of the holding tank at a licensed permanent dumping
site.
B.
Obtain a permit from the Sewage Enforcement Officer
for permission to install a holding tank. Prior to and as a condition
of issuance of the permit, the property owner shall pay the applicable
permit fee and shall pay an additional sum as prescribed by resolution
as security for the compliance by the property owner with the provisions
of this article.
C.
Maintain a holding tank in conformance with this or
any ordinance of the township, the provisions of any applicable law
and the rules and regulations of the township and any administrative
agency of the Commonwealth of Pennsylvania.
D.
Permit only the township or its agent to inspect the
holding tank on an annual basis.
E.
Permit only the township or a licensed hauler approved
by the township to collect, transport and dispose of the contents
therein.
F.
Pay within 10 days any charge, rate or assessment
which is fixed by the township.
G.
Fill or remove any holding tank which has remained
unused for a period of four consecutive years, filling said holding
tank with dirt or a similar material; or fill or remove any holding
tank within 30 days after connection to another approved system.
In addition to any other remedies provided in
this article, any violation of this article shall constitute a nuisance
and shall be abated by the township by either seeking mitigation of
the nuisance or appropriate equitable relief from a court of competent
jurisdiction.
No permit for the use of a holding tank shall
be issued, whether pursuant to this article, any rules or regulations
adopted herein or otherwise, unless all other possible means of collecting
and disposing of sewage at the property in question have been considered
and found to be unusable.
Any person who violates any provision of § 158-24 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $100 and not more than $300, and, in default of said fine and costs, to undergo imprisonment in the county prison for a period not in excess of 30 days.
