The purpose of this article 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.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
Any person empowered by the Township and/or the Commonwealth
of Pennsylvania to enforce the provisions of this article. The term
agent shall include, but shall not be limited to, any certified Sewage
Enforcement Officer duly appointed by the Board of Supervisors of
the Township of Potter.
The Board of Supervisors of the Township of Potter, Centre
County, Pennsylvania.
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 article, a holding
tank shall have a capacity of no less than 1,000 gallons.
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.
Township of Potter, Centre 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.
A watertight tank designed to receive sewage where water
under pressure or piped water are not available.
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 discharge.
The Board is hereby authorized and empowered to regulate as
specified herein, within the Township, the methods of holding tank
use, privy use, sewage collection, transportation and disposal resulting
from such use.
The Board 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 purpose herein. All such rules and regulations
adopted by the Board shall be in conformity with the provisions herein,
all other ordinances of the Township, and all applicable laws, rules
and regulations of the Commonwealth of Pennsylvania.
The Board shall have the right and power to fix, alter, charge,
and collect fees, assessments and other charges as may be authorized
by applicable law and as may be deemed necessary to implement the
provisions of this article.
A.Â
Holding tank.
(1)Â
The collection and transportation of all sewage from any property
utilizing a holding tank shall be completed under the direction and
control of the Board 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 (DEP) of the Commonwealth of Pennsylvania.
(2)Â
The Board, or its agent, shall be provided pumping receipts from
permitted holding tanks and documentation of receipt from a Pennsylvania
DEP-approved receiving station.
(3)Â
The Board or its agent will complete and retain annual inspection
reports for each permitted tank. A permitted tank may be inspected
more frequently than once per year if deemed necessary by the Township.
(4)Â
The Board or its agent shall permit a holding tank only for properties
whose primary use is recreational, commercial or 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 the Board 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 and any conditions attached to the
approval of use of a holding tank by the Board or its agent.
(5)Â
Holding tanks will be permitted only with appropriate Pennsylvania
DEP approval. Holding tanks will not be permitted if the site can
be served by a conventional or alternative system designed to function
as an on-lot septic system.
(6)Â
The Township will require an escrow in an amount as established from
time to time by resolution of the Board of Supervisors to be maintained
by the property owner with the Township as security that the requirements
for reporting of pumping, and disposal of waste and maintenance of
the holding tank are in compliance with this article and the holding
tank permit.
B.Â
Privy. The collection and transportation of all sewage from any improved
property utilizing a privy shall be completed under the direction
and control of the Board 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.Â
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 the Title 25, Pa. Code, Chapter 73, Standards
for Sewage Disposal Facilities, requirements for the ultimate sewage
disposal by an approved on-lot system if water under pressure becomes
available to the lot.
B.Â
At such time that water under pressure becomes available, the property
owner must remove the privy and replace the privy with an approved
on-lot system.
C.Â
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 within an area of less than one acre if the lot is legally nonconforming; and are not nor will not be served by water under pressure or piped wastewater in the future; or to legally nonconforming lots in existence at the time of adoption of this article; however, all appropriate Pennsylvania DEP permitting shall be required for these lots.
D.Â
Specific conditions for use of privies shall be incorporated in the
permit application and permit for the proposed use of a privy.
E.Â
The Board or its agent shall have the right at any time to inspect
the privy for proper operation, maintenance and content disposal.
A.Â
Holding tanks. The owner of a property that utilizes a holding tank
shall:
(1)Â
Maintain the holding tank in conformance with this or any ordinance
or resolution of this Township, and the provisions of any applicable
law, and the laws, rules and regulation of the Commonwealth of Pennsylvania;
and shall further agree to provide the Township 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, or correspondence from Pennsylvania
DEP, the pumper/hauler, and the receiving station.
(2)Â
Permit only the Board or its agent to inspect holding tanks annually;
or in the event of deficiency or other circumstances, at any time
as deemed necessary by the Board or its agent.
(3)Â
Provide documentation to the Board or its agent that the hauler selected
to collect, transport, and dispose of the contents therein, has disposed
of the contents at a receiving station approved by Pennsylvania DEP.
B.Â
Privies. The owner of an improved property that utilizes a privy
shall:
(1)Â
Maintain the privy in conformance with this or any ordinance or resolution
of this Township and the provisions of any applicable law, rules and
regulations of the Commonwealth of Pennsylvania.
(2)Â
Permit the Board or its agent to enter upon land to inspect the privy
for proper operation, maintenance and contents disposal.
(3)Â
Provide documentation to the Board or its agent that the hauler selected
to collect, transport, and dispose of the contents therein, has disposed
of the contents at a receiving station approved by Pennsylvania DEP.
(4)Â
Abandon the privy consistent with applicable public health and environmental
standards and obtain a permit for and install an approved on-lot system
meeting Chapter 73 standards in the event that water under pressure
or piped wastewater becomes available to the property.
In addition to any other remedies provided in this article, any violation of § 156-24 of this article shall constitute a nuisance and shall be abated by the Township or its agent either by seeking mitigation of the nuisance or appropriate relief from a court of competent jurisdiction. The owner of improved property shall be responsible for any cost to the Township or its agent relative to abatement of nuisances.
Any person failing to comply with any provisions of this article
shall be subject to a fine of not less than $500 and costs, and not
more than $5,000 and costs, or in default thereof shall be confined
in the county jail for a period of not more than 90 days. Each day
of noncompliance shall constitute a separate offense.
