[Adopted 3-5-1996 by Ord. No. 1996-1]
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 Thornbury
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 at another site.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation.
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.
Thornbury Township, Chester County, Pennsylvania.
The Township is hereby authorized and empowered
to undertake within the Township the control and methods of holding
tank use, 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 site or 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.
C.
The Township 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
or any ordinance of this Township, the provisions of any applicable
law and the rules and regulations of the Township 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 or permits a violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District
Justice, pay a fine of not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township in the enforcement
of this chapter. No judgment shall be imposed until the date of the
determination of the violation by the District Justice. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
In addition to any other remedies provided in this article, any violation of § 105-10 herein shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
