The purpose of this Part 1, Article C, is to establish 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 Part 1, Article C, 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 meanings of terms used in this Part 1, Article C, shall be as follows:
The Board of Supervisors of Jackson Township, Butler County,
Pennsylvania.
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.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage where water under pressure or piped
wastewater is not available and is designed and constructed to facilitate
the ultimate disposal of the sewage at another site.
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 or any substance
which constitutes pollution under the Clean Streams Law (35 P.S. §§ 691.1
to 691.1001).
Jackson Township, Butler County, Pennsylvania.
The Board of Supervisors is hereby authorized and empowered
to undertake within the Township the control and methods of privy
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 Board of Supervisors shall have the right and power to fix,
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. All such rates and charges shall be set by resolution,
as amended from time to time.
A.
The property owner must show that site and soil suitability testing
of the lot has been conducted by the Sewage Enforcement Officer and
that the site meets the requirements under 25 Pa. Code § 73.1
et seq. (Standards for Onlot Sewage Treatment Facilities) for the
ultimate sewage disposal by an approved on-lot system if water under
pressure or piped wastewater becomes available to the lot.
B.
At such time that water under pressure becomes available, the property
owner must remove the privy and replace the privy with an approved
on-lot system.
D.
Specific conditions for use of privies shall be incorporated in the
permit application and permit for the proposed use of a privy.
E.
The Board of Supervisors, or its designee, is provided the opportunity
to inspect the privy for proper operation, maintenance and content
disposal.
The collection and transportation of all sewage from any improved
property utilizing a privy 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.
The owner of an improved property that utilizes a privy shall:
B.
Permit only the Board of Supervisors or its agent to collect, transport,
and dispose of the contents therein.
C.
Abandon the privy consistent with applicable public health and environmental
standards and obtain a permit for and install an approved on-lot system
meeting the standards of 25 Pa. Code § 73.1 et seq., as
amended, in the event that water under pressure or piped wastewater
becomes available to the property.
D.
Permit the Board of Supervisors to enter upon land to inspect the
privy for proper operation, maintenance and contents disposal.
E.
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.
F.
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 privy, 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 C, 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.
