The purpose of this article is to establish and reestablish procedures for the use and maintenance of existing and new privies 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 meaning of terms used in this article shall be as follows:
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
Township of Derry, Mifflin 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 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 at such site or sites as may be approved by the Department of Environmental Resources of the Commonwealth of Pennsylvania.
B. 
The Township/Authority will receive, review and retain pumping receipts from permitted holding tanks.
C. 
The Township/Authority will complete and retain annual inspection reports for each permitted holding tanks.
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 the Township, the provisions of any applicable law, and the rules and regulations of the agency and any administrative agency of the Commonwealth of Pennsylvania.
B. 
Permit only the Township or its agent to inspect holding tanks on an annual basis.
C. 
Permit only the Township or its agent to collect, transport, and dispose of the contents therein.
Any person who violates any provisions of § 172-48 of this article shall, upon conviction thereof as a summary offense, be sentenced to pay a fine of not less than $500 nor more than $1,000, together with the costs of prosecution, and in default of payment of said fine and costs, shall be sentenced to a term of imprisonment not to exceed 90 days; provided that each day's neglect to comply with an order or each day any violation of any requirement or provision of this article is committed or continued, shall be considered a new offense and subject in all respects to the same penalty as is herein provided.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In addition to any other remedies provided in this chapter, any violation of § 172-48 above shall constitute a nuisance and shall be abated by the municipality or the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.