[Adopted 5-9-1994 by Ord.
No. 851 (Ch. 131, Art. III, of the 1998 Township
Code)]
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 meanings of terms used in this article shall be as follows:
The Commissioners of the Township of Wilkins in Allegheny
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.
The Township of Wilkins in Allegheny 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 authority 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 authority 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 authority 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 authority shall have the right and power to fix, alter,
charge and collect rates and charges in connection with the administration
of this article and, in addition, collect amounts in lieu of sewer
rental fees. Such rates, charges and fees shall be established by
resolution of the Board of Commissioners and amended from time to
time.
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 authority, 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 authority will receive, review and retain pumping receipts from
permitted holding tanks.
C.
The authority will complete and retain annual inspection reports
for each permitted tank.
The owner of an improved property that utilizes a holding tank
shall:
A.
Apply for and obtain a holding tank permit.
B.
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 authority and any administrative
agency of the Commonwealth of Pennsylvania.
C.
Permit the authority to inspect holding tanks at its discretion.
D.
Permit only a duly licensed waste holder approved by the authority
to collect, transport and dispose of the contents of a holding tank.
E.
Provide to the authority on a monthly basis a record of holding-tank
removal dates and the name of the waste hauler.
[Amended 12-28-1998 by Ord. No. 917]
Any person who violates any provisions of § 333-20 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not more than $1,000 and 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 § 333-20 above shall constitute a nuisance and shall be abated by the municipality or the authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
