[Ord. 663, 10/3/1994, § 1]
The purpose of this Part 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 Part is necessary
for the protection, benefit and preservation of health, safety and
welfare of the inhabitants of the Township.
[Ord. 663, 10/3/1994, § 2]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
The Board of Commissioners of the Township of Elizabeth,
Allegheny County, Pennsylvania, or their designated agent.
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.
Elizabeth Township, Allegheny County, Pennsylvania.
[Ord. 663, 10/3/1994, § 3]
The Commissioners are 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.
[Ord. 663, 10/3/1994, § 4]
The Commissioners are 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.
[Ord. 663, 10/3/1994, § 5]
All such rules and regulations adopted by the Commissioners
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.
[Ord. 663, 10/3/1994, § 6]
The Commissioners 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.
[Ord. 663, 10/3/1994, § 7]
1.
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 Commissioners, 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.
2.
The Commissioners will receive, review and retain pumping receipts
from permitted holding tanks.
3.
The Commissioners will complete and retain annual inspection reports
for each permitted tank.
[Ord. 663, 10/3/1994, § 8]
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this or any ordinance
of this Township, the provisions of any applicable law, and rules
and regulations of the Commissioners and any administrative agency
of the Commonwealth of Pennsylvania.
B.
Permit only the Commissioners or their agent to inspect holding tanks
on an annual basis.
C.
Permit only the Commissioners or their agent to collect, transport
and dispose of the contents therein.
[Ord. 663, 10/3/1994, § 9]
Any person who violates any provision of § 408 shall,
upon conviction thereof by summary proceedings, be sentenced to pay
a fine of not less than $100 and not more than $600 and, in default
of said fine and costs, to undergo imprisonment in the county prison
for a period not in excess of 30 days.
[Ord. 663, 10/3/1994, § 10]
In addition to any other remedies provided in this Part, any
violation of § 408, above, shall constitute a nuisance and
shall be abated by the Township or the Commissioners by either seeking
mitigation of the nuisance or appropriate equitable or legal relief
from a court of competent jurisdiction.
