[Adopted 1-14-1997 by Ord. No. 1-14-97 (Ch. 79, Art. V, of the 1988 Code)]
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 East Manchester
Township (Township).
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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.
East Manchester Township, York County, Pennsylvania.
The Township is hereby authorized and empowered
to undertake within the Township the control and methods of holding
tank use, sewage disposal and sewage collection and transportation
thereof.
The Township 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.
[1]
Editor's Note: Rules and Regulations for the
Installation, Operation and Removal of Holding Tanks in East Manchester
Township was adopted 1-14-1997 by Res. No. 1-14-97F and is on file
in the Township offices.
All such rules and regulations adopted by the
Township 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.
The Township shall have the right and power
to fix, alter, charge and collect fees for services provided pursuant
to this article or any rules and regulations adopted pursuant to this
article.
A.
The collection and transportation of all sewage from
any improved property utilizing a holding tank shall be done solely
pursuant to rules and regulations adopted by the Township, 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 Township will receive, review and retain pumping
receipts from permitted holding tanks.
C.
The Township will complete and retain annual inspection
reports for each permitted tank.
The owner of an improved property that utilizes
a holding tank shall:
A.
Maintain the holding tank in conformance with this
article or any ordinance of this Township, the provisions of any applicable
law, and the rules and regulations of the Township and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Permit only the Township or its agent to inspect holding
tanks on an annual basis.
C.
Permit collection, transportation, and disposal of
the contents therein only pursuant to rules and regulations adopted
by the Township.
Any person who violates any provisions of this
article shall commit a criminal offense, and shall, upon being found
guilty by a Magisterial District Judge, after hearing, pay a fine
not to exceed $1,000, together with all court costs as permitted by
law. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day of violation
shall constitute a separate offense, which shall be subjection to
prosecution as such.
In addition to any other remedies provided in this article, any violation of § 179-19 above shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
