Township of Potter, PA Article II Holding Tanks

[Adopted 1-22-1997 by Ord. No. 73]

§ 159-4 Purpose.

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.

§ 159-5 Definitions.

Unless the context specifically and clearly indicates otherwise, the meanings of terms used in this article shall be as follows:

AUTHORITY

The Supervisors of Potter Township, Beaver County, Pennsylvania.

HOLDING TANK

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.

IMPROVED PROPERTY

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.

MUNICIPALITY

The Township of Potter, Beaver 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.

§ 159-6 Rights and privileges granted.

The Authority is here authorized and empowered to undertake within the Township the control and methods of holding tank use, sewage disposal and sewage collection and transportation thereof.

§ 159-7 Rules and regulations.

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.

§ 159-8 Conformity with applicable law.

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.

§ 159-9 Rates and charges.

The Authority shall have the right and power to fix, alter, 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. The Authority shall have the right and power to require a bond or escrow account sufficient to insure the costs of future operation and maintenance of the holding tanks under local ordinances.

§ 159-10 Exclusiveness of rights and privileges.

A. The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely under the approval 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.

§ 159-11 Duties of improved property owners.

The owner of an improved property that utilizes a holding tank shall:

A. Maintain the holding tank and dispose periodically of its contents 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.

B. Permit only the Authority or its agent to inspect holding tanks on an annual basis.

C. Permit only the Authority or its agent to approve the methods of collection, transportation, and disposal of the contents therein.

§ 159-12 Violations and penalties.

[Amended 11-14-2001 by Ord. No. 88]

A. Any person who violates any provision of this article shall be subject to all of the following:

(1) Shall be guilty of a summary criminal offense.

(2) Shall, upon conviction, pay the criminal penalty specified in Subsection C.

(3) Shall, upon conviction, be subject to imprisonment specified in Subsection D.

B. Each day that a violation is continued shall constitute a separate offense.

C. The criminal penalty for a violation of this article shall be as follows:

(1) For a first offense, a sum not less than $200 nor more than $500.

(2) For a second or subsequent offense, a sum of not less than $500 nor more than $1,000.

D. The penalty of imprisonment for a violation of this article shall be as follows:

(1) For a first offense, a period not more than 10 days.

(2) For a second or subsequent offense, a period not less than five days nor more than 30 days.

§ 159-13 Abatement of nuisances.

In addition to any other remedies provided in this article, any violation of § 159-11 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.