[Adopted 11-23-1987]
For the purpose of this article, the following
words and phrases shall have the meaning ascribed to them in this
section:
The written approval as issued by the Board of Supervisors
and the Pennsylvania Department of Environmental Protection authorizing
utilization of holding tanks.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal by
pumping and hauling the sewage to an approved discharge site.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals.
A.
The Township is hereby authorized and empowered to
permit installation and control within the Township all methods of
holding tank sewage disposal, collection, and transportation thereof.
Said holding tank sewage disposal shall only be permitted on commercial
lots and not in residential areas.
B.
The Township is empowered and shall adopt such rules
and regulations concerning sewage disposal which it may deem necessary
from time to time to effect the purposes herein.
C.
All rules and regulations adopted by the Township
will be in conformity with the provisions herein, all other ordinances
of the Township, and all applicable laws, rules and regulations of
the Commonwealth of Pennsylvania, Department of Environmental Protection.
D.
The Township shall have the right and power to fix,
alter, and control rates, assessments, permit fees, and any other
charges applicable to the sewage disposal rules and regulations as
established herein.
E.
The collection and transportation of all sewage from
any improved property utilizing approved holding tank facilities shall
be done under the direction and control of the Township and sewage
disposal thereof shall be made only at such site or sites as may be
approved by the Commonwealth of Pennsylvania, Department of Environmental
Protection.
A.
The owner of any commercial property proposing to
utilize holding tank or tanks for on-site disposal of their sanitary
sewage shall:
(1)
Apply for a Township Sewage Facilities Act 537 permit
in accordance with the applicable laws of the Commonwealth of Pennsylvania.
(2)
Attach proof of agreement between the owner and a
certified sewage disposal hauler whereas the hauler contractually
agrees to pump at regular intervals and dispose of at an approved
site the waste from hereinreferenced holding tanks.
(3)
Attach proof of agreement between the contract hauler
and an approved waste disposal site satisfactory to the Commonwealth
of Pennsylvania, Department of Environmental Protection
B.
All waste disposal haulers authorized to pump, transport,
and dispose of holding tank waste in the Township of Mahoning shall
furnish to the Township Supervisors a schedule of their pumping quantities
to allow the Township to ensure sufficient size and capability of
the tank(s) being utilized.
C.
The Township, and/or its authorized representative,
shall inspect, prior to the installation of any holding tanks, their
construction, watertightness, size and location, in conformance with
their sewage facilities application.
D.
If in the opinion of the Township Board of Supervisors
or its authorized representative any holding tank facility is broken,
lacking, or not being satisfactorily pumped at regular intervals,
the Township may revoke said permit or may file violation proceedings
and require immediate correction by the owner or operator of the property
site involved.
Any person who violates or permits a violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District
Justice, pay a fine of not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township in the enforcement
of this article. No judgment shall be imposed until the date of the
determination of the violation by the District Justice. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
