[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:
- 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.
- 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.
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.
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.
The Township will receive, review and retain pumping receipts from permitted holding tanks.
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:
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.
Permit only the Township or its agent to inspect holding tanks on an annual basis.
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.