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Township of Millcreek, PA
Erie County
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[Adopted 10-30-1990 by Ord. No. 90-31]
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 industrial 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 meaning of terms used in this article shall be as follows:
AUTHORITY
Supervisors of Millcreek Township, Erie County, Pennsylvania.
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 Millcreek 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 to a holding tank.
MUNICIPALITY
Millcreek Township, Erie County, Pennsylvania.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in Millcreek Township.
PERSON
Any individual, partnership, company, association, corporation or other group or entity.
SEWAGE
Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings 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 Authority is hereby authorized and empowered to undertake within Millcreek Township the control and methods of holding tank use, sewage disposal and sewage collection and transportation thereof.
The Authority 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 Authority shall be in conformity with the provisions herein, all other ordinances of Millcreek Township, and all applicable laws, and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.
Any application for a sewage holding tank shall be accompanied by a nonrefundable application and review fee made payable to Millcreek Township; and each year thereafter, the owner of lands in which a sewage holding tank is located shall pay to Millcreek Township an annual inspection fee for each sewage holding tank on the owner's property in order to reimburse Millcreek Township its costs for the annual tank inspections required of Millcreek Township. The fees established hereunder may from time to time hereafter be reviewed by the Board of Supervisors and, where appropriate, be changed by resolution of the Board of Supervisors duly adopted at a regularly scheduled public meeting of the Board of Supervisors of Millcreek Township. No approvals hereunder shall be granted by the Township until all fees under this article have been paid to Millcreek Township, and the owner or tenant has been issued an on-lot sewage disposal permit by the County of Erie Department of Health. The Township 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The Authority may delegate the collection and disposal of the holding tank contents to the improved property owner. The Authority will have ultimate responsibility for proper collection and disposal of the contents.
B. 
The Authority will receive and retain pumping receipts for the permitted holding tank. The Authority shall have the right at any time to obtain and/or review copies of any pumping receipts and records held by the improved property owner.
C. 
The Authority will complete and retain annual inspection reports for each permitted tank.
The owner of an improved property that utilized a holding tank shall:
A. 
Obtain a permit for the holding tank from the Erie County Health Department.
B. 
Dispose of the sewage in the holding tank only at sites which are approved by the Pennsylvania Department of Environmental Protection. The Authority will have ultimate responsibility for disposal of all sewage from the holding tank.
C. 
Maintain the holding tank in conformance with this or any ordinance of Millcreek Township, the provisions of any applicable law, and the rules and regulations of the Authority and any administrative agency of the Commonwealth of Pennsylvania.
D. 
Permit only the Authority or its agents to inspect holding tanks on an annual basis.
E. 
Permit only the Authority or its agents to collect, transport, and dispose of the contents therein.
F. 
Post a bond with the Authority with sufficient surety, as determined by the Authority, to insure proper operation and maintenance of the holding tank. The bond shall also be sufficient to pay for the cost of cleaning, closure and removal of the holding tank by the Authority. The bond may also be used by the Authority to pay all or part of any fines which may be levied by any agency against Millcreek Township for improper operation of the holding tank.
[Amended 8-28-2007 by Ord. No. 2007-6; 9-27-2016 by Ord. No. 2016-11
Any person who violates any provisions of this article shall, upon conviction thereof by a civil enforcement proceeding as provided in Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, be sentenced to pay a fine of not less than $100 nor more than $300, plus costs.
In addition to any other remedies provided in this article, any violation of § 102-18 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction. Any and all actions taken by the municipality to abate the nuisance shall be done at the cost of the property owner.