[HISTORY: Adopted by the Township Council of the Township of College 4-5-2007 by Ord. No. O-07-02. Amendments noted where applicable.]
GENERAL REFERENCES
Sewage disposal systems — See Ch. 164.
Sewers — See Ch. 166.
Subdivision of land — See Ch. 180.
A. 
The purpose of this chapter is to establish procedures for the use and maintenance of existing and new privies and holding tanks which are designed to receive and retain sewage.
B. 
It is hereby declared by the College Township Council that the enactment of this chapter is necessary for the protection, benefit and preservation of health, safety and welfare of the inhabitants of this municipality.
Unless the context is specifically and clearly indicated otherwise, the meaning of the terms used in this chapter shall be as follows:
AGENT
Any employee of the Township of College empowered by the Township of College and/or the Commonwealth of Pennsylvania to enforce the provisions of this chapter. The term "agent" shall include, but shall not be limited to, any certified Sewage Enforcement Officer duly appointed by the College Township Council.
COUNCIL
The Council of the Township of College, Centre 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. For purposes of this chapter, a holding tank shall have a capacity of no less than 1,000 gallons.
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
College Township, Centre 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, corporation or other group or entity.
PRIVY
A watertight tank designed to receive sewage where water under pressure and piped wastewater are not available.
SEWAGE
Any substance that contains any of the waste products, 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. Sewage shall include "gray water," which is further defined as discharge from any shower, tub, sink, washing machine or other facility used for bathing or washing, including dishwater and water softener regeneration discharge.
College Township Council, hereinafter referred to as "Council," is hereby authorized and empowered to regulate, as specified herein, within the municipality, the methods of holding tank use, privy use, sewage collection, transportation and disposal resulting from such use.
Council is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to affect the purposes herein.
Council shall have the right and power to fix, alter, charge and collect rates, assessments, and other charges as may be authorized by applicable law and as may be deemed necessary to implement the provisions of this chapter.
A. 
Holding tank.
(1) 
The collection and transportation of all sewage from any property utilizing a holding tank shall be completed under the direction and control of Council or its agent, 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.
(2) 
Council or its agent shall be provided pumping receipts from permitted holding tanks and documentation of receipt from a Pennsylvania Department of Environmental Protection approved receiving station.
(3) 
Council or its agent will complete and retain annual inspection reports, or as necessary, for each permitted tank.
(4) 
Council or its agent shall permit a holding tank only for properties whose primary use is recreational or for properties where use of a holding tank shall be deemed necessary to abate a nuisance. In no event shall a holding tank be permitted by Council or its agent as a permanent system of sewage disposal for residential purposes. Property owners shall comply with all applicable Pennsylvania State regulations for holding tank use.
B. 
Privy. The collection and transportation of all sewage from any improved property utilizing a privy shall be completed under the direction and control of Council or its agent, 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.
A. 
When a land development or subdivision plan is required, the property owner must show that site and soil suitability testing of the lot has been conducted by the Sewage Enforcement Officer and that the site meets federal, state, and local requirements for the ultimate sewage disposal by an approved on-lot system if water under pressure becomes available to the lot.
B. 
At such time that piped wastewater becomes available, the property owner must remove the privy and replace the privy with an approved on-lot system.
C. 
Subject to the condition that all required DEP permits are obtained, the conditions of use described in Subsection A, above, do not apply to a privy intended to be used on an isolated lot which is one acre or larger; to an isolated lot with an area of less than one acre if the lot is legally nonconforming; or to legally nonconforming lots in existence at the time of adoption of this chapter.
D. 
Specific conditions for use of privies shall be incorporated in the permit application and permit for the proposed use of a privy.
E. 
Council or its agent shall have the right to inspect the privy for proper operation, maintenance and content disposal.
A. 
Holding tank. The owner of a property that utilizes a holding tank shall:
(1) 
Maintain the holding tank in conformance with this chapter or any ordinance or resolution of this municipality, and the provisions of any applicable law, and the laws, rules and regulations of the Commonwealth of Pennsylvania, and shall further agree to provide the municipality or its agent such documentation as may be deemed necessary or appropriate to provide assurance of conformance. Said documentation may include, but shall not be limited to, permits, receipts, correspondence, etc., from the Pennsylvania Department of Environmental Protection, the pumper/hauler, and the receiving station.
(2) 
Permit only Council or its agent to perform the mandatory inspections of holding tanks on an annual basis or, in the event of deficiency, as deemed necessary by Council or its agent. An owner may perform additional inspections above and beyond mandatory inspections.
(3) 
Provide documentation to Council or its agent that the pumper/hauler selected to collect, transport, and dispose of the contents therein has disposed of the contents at a receiving station approved by the Pennsylvania Department of Environmental Protection.
B. 
Privy. The owner of an improved property that utilizes a privy shall:
(1) 
Maintain the privy in conformance with this chapter or any ordinance or resolution of this municipality and the provisions of any applicable law, rules and regulations of the Commonwealth of Pennsylvania, and shall further agree to provide the municipality or its agent such documentation as may be deemed necessary or appropriate to provide assurance of conformance. Said documentation may include, but shall not be limited to, permits, receipts, correspondence, etc., from the Pennsylvania Department of Environmental Protection, the pumper/hauler, and the receiving station.
(2) 
Permit Council or its agent to enter upon lands to inspect the privy for proper operation, maintenance and contents disposal.
(3) 
Provide documentation to Council or its agent that the pumper/hauler selected to collect, transport, and dispose of the contents therein has disposed of the contents at a receiving station approved by the Pennsylvania Department of Environmental Protection.
(4) 
Abandon the privy consistent with applicable public health and environmental standards and obtain a permit for and install an approved on-lot system meeting all federal, state, and local standards in the event that water under pressure or piped wastewater become available to the property.
A. 
In addition to any other remedies provided in this chapter, any violation of § 165-8 of this chapter shall constitute a nuisance and shall be abated by the municipality or its agent either by seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
B. 
Owners of improved property shall be responsible for any cost to the municipality or its agent relative to abatement of nuisance.
Any person who violates any provisions of § 165-6, 165-7, or 165-8 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine specified by Township resolution, which may, from time to time, be amended by Township resolution, together with the costs of prosecution, to be collected as now provided by law. Each violation shall constitute a separate offense.
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Editor's Note: See also § A203-22, Sewage holding tanks fines and penalties.