[Adopted 2-12-2013[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
II, Holding Tanks, adopted 5-14-1991, as amended.
The purpose of this article is to establish procedures for the
use and maintenance of existing and new retaining tanks designed to
receive and retain sewage, whether from residential or commercial
uses. 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:
The Supervisors of Girard Township, Erie County, Pennsylvania
or an agent appointed by the municipality.
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.
Girard Township, Erie 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 receptacle, whether permanent or temporary,
which receives and retains sewage, where water under pressure or piped
wastewater is not available, and is designed and constructed to facilitate
the ultimate disposal of the sewage at another site.
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 or any substance
which constitutes pollution under the Clean Streams Law (35 PS §§ 691.1.
through 691.1001).
The Agency is hereby authorized and empowered to undertake within
the Township the control and methods of retaining tank use, sewage
disposal and sewage collection and transportation thereof.
The Agency 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. The Agency hereby
adopts those regulations and restrictions set forth in 25 Pa. Code
§ 71.63, Retaining tanks, and as set forth at 25 Pa. Code
§ 73.1 et seq., as may be revised from time to time.
All such rules and regulations adopted by the Agency 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 Agency shall have the right and power to fix, alter, charge
and collect rates, assessments, and other charges in the area served
by its facilities at reasonable and uniform rates as authorized by
applicable law, rule, regulation or ordinance.
A.Â
The collection and transportation of all sewage from any improved property utilizing a retaining tank shall be done solely by or under the direction and control of the Agency, 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 Agency may delegate or contract for the collection and disposal of such sewage, at the owner's expense, if the owner fails to properly do so as set forth in § 157-24 below, except that the ultimate responsibility for the proper collection and disposal of the contents shall remain with the owner.
B.Â
The Agency will receive, review and retain pumping receipts from
permitted retaining tanks from the owner.
C.Â
The Agency will complete and retain annual inspection reports for
each permitted retaining tank.
D.Â
No person shall use, install or maintain a retaining tank without
first obtaining a permit from the Agency, which permit shall be in
addition to any permits required by the Commonwealth of Pennsylvania.
E.Â
No person shall install, use or maintain a retaining tank or dispose
of sewage from a retaining tank in a manner inconsistent with this
article or the rules and regulations of the Pennsylvania Department
of Environmental Protection.
F.Â
The owner of any retaining tank shall collect, transport and dispose
of the contents on a routine basis, or when an inspection indicates
a potential for pollution exists.
The owner of an improved property that utilizes a retaining
tank shall:
A.Â
Maintain the retaining 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 Agency and any administrative
agency of the Commonwealth of Pennsylvania.
B.Â
Permit the Agency or its agent to inspect retaining tanks on an annual
basis.
C.Â
Permit the Agency or its agent to collect, transport, and dispose
of the contents therein, at the owner's expense, should the owner
fail to do so as required by this article.
D.Â
Provide, on a quarterly basis to the Agency, the pumping and disposal
receipts from permitted retaining tanks along with potable water records
if available.
Any person who violates any provisions of this article shall,
upon conviction thereof by summary proceedings, be sentenced to pay
a fine of not less than $500 and not more than $1,000 per violation
and, in default of said fine and costs, undergo imprisonment in the
county prison to the extent allowed by law.
In addition to any other remedies provided in this article, any violation of § 157-24 above shall constitute a nuisance and shall be abated by the Agency by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
