[Adopted 6-27-1990 by Ord. No. 73]
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,
except for such exemptions set aside by the Act of Assembly as shall
be applicable to agricultural uses.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
The Board of Supervisors of the Township of Athens, Bradford
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 Athens, Bradford 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, except such exemptions
as shall be set aside by the Act of Assembly as exempt from requiring
planning in the disposal of waste for agricultural uses without actual
harm resulting, as follows: agricultural farm waste as defined under
Chapter 101, Subsection 101.8, regarding special water pollution regulations.
The Authority 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.
A.
The Authority 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.
B.
All such rules and regulations adopted by the Authority
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 Authority 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 Authority, 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 Authority will receive, review and retain pumping
receipts from permitted holding tanks.
C.
The Authority 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
article or any ordinance of this Township, the provisions of any applicable
law and the rules and regulations of the Authority and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Permit only the Authority or its agent to inspect
holding tanks on an annual basis.
C.
Permit only the Authority or its agent to collect,
transport and dispose of the contents therein.
[Amended 8-28-1996 by Ord. No. 128; 5-28-1997 by Ord. No.
133; 10-27-1999 by Ord. No. 159]
Any person who violates any of the provisions
of this article shall be guilty of a summary offense. Upon conviction
thereof, such person shall be subject to a fine of not less than $100
nor more than $300.
In addition to any other remedies provided in this article, any violation of § 126-77 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
