[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:
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]
CHEMICAL TOILET- A toilet using chemicals that discharge to a holding tank.
RETENTION TANK- A holding tank where sewage is conveyed to it by a water carrying system.
VAULT PIT PRIVY- A holding tank designed to receive sewage where water under pressure is not available.
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.
Township of Straban, Adams 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 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which immediately preceded this definition, was repealed 9-4-2007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]
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.
