[Adopted 9-2-2010 by Ord. No. 5-2010]
The purpose of this Part 4 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.
It is hereby declared that the enactment of this Part 4 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 meaning of terms used in this Part 4 shall be as follows:
Board of Supervisors of West Manheim Township, York 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.
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 Manheim Township, York 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.
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 Stream Law (35 P.S. §§ 691.1
to 691.1001).
The agency 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 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.
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.
A.
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 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.
B.
The agency will receive, review and retain pumping receipts from
permitted holding tanks.
C.
The agency will complete and retain annual inspection reports for
each permitted holding tank.
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this Part 4 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.
Permit only the agency or its agent to inspect holding tanks on an
annual basis.
C.
Permit only the agency or a licensed hauler to collect, transport,
and dispose of the contents therein.
D.
Obtain a permit from the Sewage Enforcement Officer for permission
to install a holding tank. Prior to and as a condition of issuance
of the permit, the property owner shall pay the applicable permit
fee and shall pay an additional sum as prescribed by resolution of
the Board of Supervisors as security for the compliance by the property
owner with the provisions of this Part 4.
Any person who violates any provisions of § 207-53 or rules and regulations adopted by the agency, shall, upon conviction thereof by summary proceedings, be subject to the summary offense penalties of 35 P.S. § 750.13 and, in addition thereto, may be subject to the civil penalties of 35 P.S. § 750.13a. Each day of noncompliance shall constitute a separate offense.
