[Adopted 7-18-1990 by Ord. No. 90-2]
The purpose of this article 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 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 meanings 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 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.
Independence Township, Washington 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.
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.
That the municipality 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.
That the municipality 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.
Said rules and regulations shall be enacted and/or adopted by resolution.
All such rules and regulations adopted by the
municipality 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 municipality shall have the right and power
to fix, alter, charge, set, impose and collect rates, assessments
and other charges in the area served by its facilities at reasonable
and uniform rates as authorized by applicable law. Additionally, the
municipality shall have the right and power to authorize any person
to install and maintain a holding tank subject to the rules and regulations
of the municipality and subject to the bonding requirements as pertains
to the maintenance and servicing of the same, which shall be determined
and fixed by the municipality within its sole discretion. Said rates,
assessments and other charges as well as the rules and regulations
pertaining to bonding requirements or otherwise shall be enacted and/or
adopted by resolution.
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 municipality, 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. Until such time as directed otherwise by the municipality,
it shall be the responsibility of the owner who uses or intends to
use or has a holding tank on his or her premises to obtain and use
a person or entity, as licensed and/or approved by the Department
of Environmental Protection, for purposes of collection and transportation
of all sewage from the holding tank to the disposal site.
B.
The municipality will receive, review and retain pumping
receipts from permitted holding tanks.
C.
The municipality will obtain and retain annual inspection
reports for each permitted tank.
D.
At such time as the municipality directs the owner
to discontinue and/or cease any further activity as pertains to the
holding tank and/or the person or service providing transportation
or collection services, the owner shall immediately comply, and therein
no further activity as pertains to the same shall be permitted nor
condoned except upon express consent and authorization by the municipality.
E.
At such time as municipal sewer facilities are installed
and/or are available for use as pertains to a premises or improved
property which is currently being serviced by a holding tank, upon
demand by the municipality to said owner, the use of the holding tank
shall cease and discontinue, and therein the owner shall make use
of the municipal sewage system pursuant to the rules, regulations
and requirements then in effect and shall make no further use of said
holding tank except as may be specifically permitted by the municipality.
F.
The municipality shall not issue any permit for nor
authorize the use of any holding tank for use or service on or for
any property for which any sewage treatment facility has been approved
or certified by the Sewage Enforcement Officer of the municipality
and/or by the Department of Environmental Protection. Wherein the
municipality is strictly prohibited from allowing the use of any holding
tank on or for any property within the Township that otherwise could
be served by another available or approved sewage treatment system.
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 municipality and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Permit only the municipality or its agent to inspect
holding tanks on an annual basis or, if directed by the municipality,
have said holding tank inspected on an annual basis by a person or
entity certified to do so and thereafter submit the results of said
inspection to the municipality. Nothing in this section nor otherwise
in this article shall be construed or interpreted to indicate that
the same in any way interferes with any rights, duties, obligations
or authorities of the Pennsylvania Department of Environmental Protection.
C.
Permit only the person or service authorized by the
municipality and the Department of Environmental Protection to collect,
transport and dispose of the contents therein.
D.
Provide a bond or similar financial security as accepted
by the municipality, conditioned upon compliance with all of the provisions
contained in this article and in an amount sufficient to meet the
cost and/or expense of collecting, transporting and disposing of the
contents therein, based on maximum capacity, for a number of four
procedures. The municipality may amend and/or alter the amount of
the bond and/or financial security required by resolution and/or set
the same by resolution at such time or times as deemed appropriate
by the Board of Supervisors of the municipality.
E.
Use only such holding tank as is permitted by the
Department of Environmental Protection and/or any other regulatory
agency, bureau or department that has jurisdiction thereof.
[Amended 7-7-1992 by Ord. No. 92-3; 9-15-2010 by Ord. No. 10-01]
A.
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 all costs of prosecution,
including, but not limited to, attorneys' fees, and, in default of
payment thereof, shall be imprisoned for a term not to exceed 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. All fines and penalties collected for the violation of this
article shall be paid to the Township Treasurer.
B.
This article shall be enforced by the Independence
Township Supervisors, Code Enforcement Officer, or any police officer,
including, but not limited to, the Pennsylvania State Police.
[Amended 5-16-2012; 5-21-2014]
In addition to any other remedies provided in this article, any violation of § 323-8 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 or by any other means as provided by law or in equity.
