[HISTORY: Adopted by the Board of Supervisors of the Township of West Manchester as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-27-1975 by Ord. No. 75-1]
No person shall install, construct or request bid proposals for construction or alter an individual sewage system or community sewage system or construct or request bid proposals for construction or install or occupy any building or structure for which an individual sewage system or community sewage system is to be installed without first obtaining a permit indicating that the site and plans and specifications of such system are in compliance with the provisions of Act No. 537, as amended by Act No. 208, and the standards adopted by the Department of Environmental Resources of the Commonwealth of Pennsylvania pursuant to said Acts.
[Amended 11-14-1991 by Ord. No. 91-09]
The positions of Sewage Enforcement Officer and Assistant Sewage Enforcement Officer are hereby created to be filled by appointment by West Manchester Township. No person shall be appointed as a Sewage Enforcement Officer or Assistant Sewage Enforcement Officer unless such person has been certified as qualified by the Department of Environmental Resources. The duly appointed Sewage Enforcement Officer and/or the Assistant Sewage Enforcement Officer shall administer the provisions of Act No. 537, as amended by Act No. 208, insofar as said provisions are applicable to West Manchester Township.
Applications for permits shall be in writing to West Manchester Township in accordance with the provisions of Act No. 537, as amended by Act No. 208, and shall be made in such form and shall include such data as the Department of Environmental Resources may prescribe.
[Amended 1-30-1986 by Ord. No. 86-01]
Application fees shall be the actual costs of administering and processing the application, in accordance with the prevailing fee schedule as adopted from time to time by resolution of West Manchester Township; provided, however, that a deposit shall be made to West Manchester Township when the application is first submitted, which deposit shall be established by resolution of the Board of Supervisors of West Manchester Township.
Upon completion of the alteration or construction for which the permit has been issued, West Manchester Township shall refund to the applicant the amount by which applicant's deposit exceeds the actual costs or the applicant shall pay to West Manchester Township the amount by which the actual costs exceed applicant's deposit. Final approval of the permit may be withheld until any excess costs are paid by the applicant.
All provisions of Act No. 537, as amended by Act No. 208, as said provisions apply to West Manchester Township, are incorporated herein by reference.
[Amended 5-9-1996 by Ord. No. 96-14]
Any person who shall violate any provisions of Act No. 537, as amended by Act No. 208, or the rules, regulations or standards promulgated thereunder or who violates any provisions of this article, or who resists or interferes with any officer, agent or employee of West Manchester Township or the Department of Environmental Protection in the performance of his or her duties shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this article. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.
[Adopted 8-19-1993 by Ord. No. 93-11]
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.
Unless the context specifically and clearly indicates otherwise, the meanings of terms used in this article shall be as follows:
- 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.
- West Manchester Township, York County, Pennsylvania.
- Any adult person who occupies any non-owner-occupied property located in the Township, other than an owner, by lease or agreement or by permission of the owner, whether or not cash or other consideration is paid or given.
- 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.
The municipality 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 municipality 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.
Rules and regulations to be in conformity with applicable law. All such rules and regulations adopted by the municipality 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 collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely by or under the direction and control of the municipality, and the disposal thereof shall be made only at such site or sites as may be approved by the Department of Environmental Resources of the Commonwealth of Pennsylvania.
The municipality will receive, review and retain pumping receipts from permitted holding tanks.
The municipality 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 municipality and any administrative agency of the Commonwealth of Pennsylvania.
Permit only the municipality or its agent to inspect holding tanks on an annual basis.
Permit only the municipality or its agent to collect, transport and dispose of the contents therein.
The municipality, or any officer, employee or agent thereof, is hereby authorized to notify any owner or occupant of any premises, personally or by United States mail or by posting such notice on the premises, to maintain a holding tank or transport and dispose of the contents therein in accordance with §§ 105-11 and 105-12 of this article within such reasonable time as circumstances may require. Upon failure of such owner or occupant to conform to the provisions of § 105-11 or 105-12 of this article within such period of time, the municipality, or any officer, employee or agent thereof, is hereby authorized to enter upon such premises and do such acts as are necessary to bring the holding tank or disposal of the contents thereof into conformity with the provisions of this article. The costs of such entry and activities, together with a penalty of 10% of the amount thereof, shall be paid by such owner or occupant within 10 days from the date of notification thereof and, upon failure to pay the same, such cost and penalty shall be filed and entered as a lien against said premises and shall be collected in the manner provided by law for the collection of municipal liens, as well as subjecting both or either the owner or occupant to penalties as set forth in § 105-14 of this article and all other remedies available by law.
Any person who violates any provision of this article shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $100 and not more than $300 and, in default of said fine and costs, to undergo imprisonment in the county prison for a period not in excess of 30 days.
In addition to any other remedies provided in this article, any violation of § 105-13 above shall constitute a nuisance and shall be abated by the municipality by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.