[Adopted 5-26-1998 by Ord. No. 251]
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:
Supervisors of Antrim Township, Franklin County, Pennsylvania.
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.
Antrim Township, Franklin 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.
A watertight receptacle, whether permanent or temporary, which receives
and retains sewage where water under pressure or piped wastewater is not available
and is designed and constructed to facilitate the ultimate disposal of the
sewage at another site.
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 or any substance which constitutes pollution under the Clean
Streams Law (35 P.S. § 691.1 et seq.).
The Authority is hereby authorized and empowered to undertake within
the Township the control of privy use and methods of sewage collection, transportation
and disposal therefrom.
The collection and transportation of all sewage from any improved property
utilizing a privy 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.
From and after the effective date of this article, no person shall set
up, place, install, locate, have or make available for use any privy, as herein
defined, except in accordance with this article and unless a permit shall
be obtained and maintained for the same as herein provided.
The Authority is hereby authorized and empowered to adopt by resolution
such rules and regulations concerning sewage as it shall deem necessary from
time to time to effectuate the purposes herein. 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.
Application for a privy permit shall be made in writing to the Township
on forms supplied by the Township, which shall set forth, at a minimum, the
name and address of the owner and site location.
The Authority shall have the right and power to fix, charge and set
rates and assessments and collect said charges in the Township in accordance
with a schedule of charges to be adopted by resolution from time to time.
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 all Title 25, Chapter 73 (Standards for Sewage Disposal
Facilities), requirements for the ultimate sewage disposal by an approved
on-lot system if water under pressure or piped wastewater becomes available
to the lot.
B.
At such time as water under pressure becomes available,
the property owner must remove the privy and replace the privy with an approved
on-lot system.
D.
Other specific conditions for use of privies may be incorporated
in the application and permit for the proposed use of a privy.
E.
The Authority shall have the right of inspection at all
reasonable times for property operation, maintenance and content disposal.
The owner of an improved property that utilizes a privy shall:
A.
Maintain the privy 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 collect, transport
and dispose of the contents therein.
C.
Abandon the privy consistent with applicable public health
and environmental standards and obtain a permit for and install an approved
on-lot system meeting Chapter 73 standards in the event that water under pressure
or piped wastewater becomes available to the property.
D.
Permit the Authority to enter upon lands to inspect the
privy for proper operation, maintenance and contents of disposal.
A.
This article shall be enforced by an action brought before
a District Justice in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. The Municipal
Solicitor may assume charge of the prosecution without the consent of the
District Attorney as required under Pa. R. Crim. P. No. 83(c) (Relating to
Trial in Summary Cases). Any person who violates or permits a violation of
this article shall, upon conviction in a summary proceeding, be punishable
by a fine of not more than $1,000 or by imprisonment for a period not to exceed
90 days.
B.
This article also may be enforced by the Township of
Antrim through an action in equity brought in the Court of Common Pleas of
Franklin County, Pennsylvania.
C.
For the purpose of this article, each day or portion
thereof that such violation continues, or is permitted to continue, shall
constitute a separate offense. In addition, a violation of each section of
this article shall constitute a separate offense.
In addition to any other remedies provided in this article, any use
of a privy in a manner inconsistent with this article shall constitute a nuisance
and may be abated by the municipality or the Authority and other appropriate
equitable or legal relief from a court of competent jurisdiction may be obtained
by the Authority.
