[Adopted 2-20-1995 by Ord. No. 640]
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 meaning of terms used in this article shall
be as follows:
The Township of Penn, Westmoreland 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.
Penn Township, Westmoreland 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.
The agency 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 agency 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
agency 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.
This agency 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 a hauler approved by the Department of Environmental Protection
and the agency, 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 agency will receive, review and retain pumping
receipts from permitting holding tanks.
C.
The agency 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 agency and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Permit only the agency or its agent to inspect holding
tanks on an annual basis.
C.
Permit only the hauler approved by the agency and
the Pennsylvania Department of Environmental Protection to collect,
transport and dispose of the contents therein.
[Amended 11-24-1997 by Ord. No. 689]
Any person who violates any provisions of § 133-28 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not more than $1,000, plus costs, and in default of said fine and costs to undergo imprisonment in the county prison for a period not in excess of 30 days.
In addition to any other remedies provided in this article, any violation of § 133-28 above 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.
