Township of Straban, PA
Adams County
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[Adopted 10-29-1984 as Ord. No. 26]
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 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 meaning of terms used in this article shall be as follows:
HOLDING TANK
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:[1]
A. 
- A toilet using chemicals that discharge to a holding tank.
B. 
- A holding tank where sewage is conveyed to it by a water carrying system.
C. 
- A holding tank designed to receive sewage where water under pressure is not available.
IMPROVED PROPERTY
Any property within the Township upon which there is erected a structure intended for continuance or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be discharged.
MUNICIPALITY
Township of Straban, Adams County, Pennsylvania.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
PERSON
Any individual, partnership, company, association, corporation or other group or entity.
SEWAGE
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.
SUPERVISORS
The Board of Supervisors of the municipality.
[Added 9-4-2007 by Ord. No. 2007-09]
[1]
Editor's Note: The former definition of “authority,” which immediately preceded this definition, was repealed 9-4-2007 by Ord. No. 2007-09.
[Amended 9-4-2007 by Ord. No. 2007-09]
The Supervisors are hereby authorized and empowered to undertake within the Township the control and methods of holding tank sewage disposal and control of the collection and transportation thereof.
[Amended 9-4-2007 by Ord. No. 2007-09]
The Supervisors are 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.
[Amended 9-4-2007 by Ord. No. 2007-09]
All such rules and regulations adopted by the 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.
An owner of improved property in the municipality may seek a temporary permit for the use of a holding tank if:
A. 
The owner presents a written contract which provides for removal and disposal of the sewage in the holding tank by a person or persons approved by the municipality and by the Pennsylvania Department of Environmental Resources.[1]
[1]
Editor's Note: Former Section 6, Subsection A, temporary permits, was deleted 1-24-1994 by Ord. No. 49.
B. 
Under all the circumstances, the municipality deems the granting of the permit to be consistent with the preservation of the health, safety and welfare of the inhabitants of the immediate area and of the municipality as a whole.
C. 
The permit request has received the approval of the Pennsylvania Department of Environmental Resources.
D. 
The applicant-owner has otherwise complied with this article and the rules and regulations promulgated pursuant thereto.
[Amended 9-4-2007 by Ord. No. 2007-09]
The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done only by a person licensed by the County of Adams and by the Commonwealth of Pennsylvania to haul and dispose of such wastes. The disposal of such sewage shall be made only at such site or sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania.
[Added 9-4-2007 by Ord. No. 2007-09]
A. 
The Sewage Enforcement Officer shall not issue a holding tank permit unless such holding tank complies with the Act and regulations,[1] and until all of the titled property owners of the land on which the holding tank will be located have executed an agreement as prescribed by this article.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq. and 25 Pa. Code § 71.1 et seq., respectively.
B. 
The form of the agreement shall be substantially as follows:[2]
[2]
Editor's Note: Said form is included at the end of this chapter.
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 Supervisors and any administrative agency of the Commonwealth of Pennsylvania.
[Amended 9-4-2007 by Ord. No. 2007-09]
B. 
Immediately inform the Supervisors of any change in the person or location employed for servicing, transportation and disposal of the holding tank and/or its contents; and of the date when use of the tank is discontinued.
[Amended 9-4-2007 by Ord. No. 2007-09]
C. 
Cause the holding tank to be inspected no less often than once each year. A written report of the inspection must be filed with the Township Office within 10 days of the inspection, and the report must contain the following information: the name and address of the inspector and a statement of the inspector's qualifications to perform such an inspection; the date of the inspection; an identification of the tank inspected and its precise location on the property; and a narrative of the condition of the tank and its appurtenances.
[Added 1-6-2003 by Ord. No. 2003-01]
Each applicant for a holding tank permit, prior to the issuance of the permit, may be required by the municipality to file with the Township Secretary a bond, with suitable surety, made payable to Township in an amount equal to 110% of the cost of the proposed sewage treatment system to be constructed or installed by the applicant or on the applicant's behalf. The condition of the bond shall be that if the applicant installs or constructs the system, or causes it to be installed or constructed, within a reasonable time after the grant of the permit, but in no event later than two years after the grant of the permit, then the bond shall be null and void; otherwise, the bond shall be paid to the municipality.
[Amended 1-24-1994 by Ord. No. 49]
Any person who violates any provisions of § 103-18 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not more than $300 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 § 103-18 above shall constitute a nuisance and shall be abated by the municipality by seeking appropriate equitable or legal relief from a court of competent jurisdiction.