[Adopted 8-8-1974 by Ord. No. 33]
This article shall be known as the "Holding
Tank Ordinance."
The purpose of this article is to establish
procedures for the use and maintenance of holding tanks designed to
receive and retain sewage whether from residential, industrial 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 Township.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
A person or agency appointed by the Township to perform inspections
and issue permits for individual sewage systems and community sewerage
systems.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include but are not limited
to the following:
A.
CHEMICAL TOILET — A toilet using chemicals
that discharge to a holding tank.
B.
RETENTION TANK — A holding tank where
sewage is conveyed to it by a water carrying system.
C.
IMPROVED PROPERTY
OWNER
PERSON
SEWAGE
TOWNSHIP
VAULT PIT PRIVY — A holding tank designed
to receive sewage where water under pressure is not available.
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.
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.
Warwick Township, Lancaster County, Pennsylvania.
The Township through its Enforcement Officer
is hereby authorized and empowered to undertake within the Township
the control and methods of holding tank sewage disposal and the collection
and transportation thereof.
The Township is hereby authorized and empowered
to adopt by resolution 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
within such Township at reasonable and uniform rates as authorized
by applicable law.
[Amended 11-19-1997 by Ord. No. 178]
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.
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 anyone acting under the
direction of the Township to collect, transport and dispose of the
contents therein.
[Amended 9-14-1983 by Ord. No. 83; 11-9-1988 by Ord. No.
133; 11-19-1997 by Ord. No. 178]
For each violation of the provisions of this
article, the owner, agent, lessee or contractor or any other person
who commits, takes part in or assists in any such violation shall
be liable upon conviction thereof in a summary proceeding to pay a
fine of not less than $200 nor more than $1,000 for each offense,
together with the costs of prosecution. Each day or portion thereof
in which a violation exists shall be considered a separate violation
of this article, and each section of this article which is violated
shall be considered a separate violation. In default of payment of
such fine, such person shall be liable to imprisonment for a period
not exceeding 30 days.
In addition to any other remedies provided in this article, any violation of § 245-9 above shall constitute a nuisance and may be abated by the Township by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
