The purpose of this Part 1, Article B, 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 Part 1, Article B, 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 meanings of terms used in this Part 1, Article B, shall be as follows:
The Board of Supervisors of Jackson Township, Butler 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.
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.
Jackson Township, Butler County, Pennsylvania.
The Board of Supervisors 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 Board of Supervisors 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 Board of Supervisors
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 and assessments and shall likewise have the power
to delegate the right to collect such charges and assessments for
the collection and transportation of all sewage from improved property
utilizing a holding tank.
When holding tanks are required, application for permission
to install such holding tank shall be made to the Township on a form
prescribed by the Township, and if such holding tank application shall
meet the requirements of the Department of Environmental Protection,
the same shall be approved by the Township. Each application shall
be accompanied by a fee established from time to time by resolution
of the Board of Supervisors; said fee shall be used to defray the
expense of processing said application.
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 Board of Supervisors, 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 Board of Supervisors will receive, review and retain pumping
receipts from permitted holding tanks.
C.
The Board of Supervisors 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 Part 1, Article B, or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the Board of Supervisors and any administrative agency of the Commonwealth of Pennsylvania.
B.
Permit only the Board of Supervisors or its agent to inspect holding
tanks on an annual basis.
C.
Permit only the Board of Supervisors or its agent to collect, transport,
and dispose of the contents therein.
D.
Pay the rates and charges fixed by the Township, either directly
to the Township or directly to the hauler, in accordance with instructions
issued to such owner by the Township Secretary.
E.
Notify the collector of said sewage, if necessary or required, when
collection and transportation of said sewage shall become necessary
at times other than scheduled times for collection.
The Township shall designate one or more persons who shall have
the duty and authority to collect and transport all sewage from any
improved property utilizing a holding tank, and the disposal of said
sewage by such collector shall be made only at such site or sites
as may be approved by the Department of Environmental Protection of
the Commonwealth of Pennsylvania.
A.
Any person, firm or corporation who shall neglect or refuse to comply with any of the terms or provisions of this Part 1, Article B, or of any regulations or requirements pursuant thereto and authorized thereby, in addition to the other penalties provided by law, shall, upon conviction before a District Justice or other proper official, be sentenced to pay a fine of not less than $500 nor more than $5,000, plus costs, including reasonable attorney fees incurred by the Township, and, in default thereof, shall be imprisoned for a period not exceeding 90 days, or both.
B.
In addition to the penalties for summary offenses set forth in Subsection A above, the Board of Supervisors of Jackson Township may assess civil penalties in accordance with 35 P.S. § 750.13a. For purposes of this section, the Board of Supervisors or its designee shall hold the requisite assessment hearing. The civil penalty so assessed shall not be less than $300 nor more than $2,500 for each violation.
In addition to any other remedies provided in this Part 1, Article B, any violation of § 18-129 above shall constitute a nuisance and shall be abated by the Township or the Board of Supervisors by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
