[Ord. 656, 4/9/2015]
1.Â
Title. This chapter shall be known and may be cited as the "Sanitary
Sewage Ordinance."
2.Â
Applicability. This chapter shall be construed as the Township's
implementation of the provisions of the Pennsylvania Sewage Facilities
Act, 35 P.S. § 750.1 et seq., as amended. The enactment
of this chapter is necessary for the protection, benefit and preservation
of the health, safety and welfare of the public and the residents
of the Township.
[Ord. 656, 4/9/2015]
For purposes of this Part, the following words and terms shall
have the meanings set forth below unless otherwise expressly stated.
The Allegheny County Health Department or any agency successor
thereto.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
The Moon Township Municipal Authority or any successor entity
thereto.
The General Manager of the MTMA duly appointed by the MTMA
Board of Directors, his authorized designee and/or the authorized
designee of the MTMA Board of Directors.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
A substance that contains any of the waste products or excrement
or other discharge from the bodies of human beings or animals and
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. This term includes any
substance which constitutes pollution under the Pennsylvania Clean
Streams Law, 35 P.S. §§ 691.1 et seq., as amended.
A system of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage or other waste into waters of this Commonwealth or
otherwise provide for the safe and sanitary treatment and disposal
of sewage or other waste.
[Ord. 656, 4/9/2015]
Approvals issued pursuant to this chapter shall not relieve
the owner of the responsibility to comply with or to secure other
required permits or approvals for activities regulated by any other
applicable federal, state, county, Township, ACHD, DEP or MTMA law,
statute, ordinance, resolution or regulation. This chapter shall not
preclude the inclusion in such other permit of more stringent requirements
concerning regulation of sewage systems within the Township. Where
a conflict exists between a provision within this chapter and that
of the applicable DEP regulations, the more stringent requirements
shall govern.
[Ord. 656, 4/9/2015]
All sewage facilities within the Township shall comply with
all applicable federal, state, county, Township, ACHD, DEP and MTMA
laws, statutes, ordinances, resolutions and regulations including,
but not limited to, this chapter and the regulations of the ACHD and
DEP.
[Ord. 656, 4/9/2015]
The owner shall apply for and obtain any and all necessary federal,
state, county, Township, ACHD and MTMA permits and approvals for sewage
facilities in the Township. The owner and the construction, installation,
operation, use and maintenance of any sewage facility in the Township
shall comply with all such federal, state, county, Township, ACHD,
DEP and MTMA permits and approvals.
[Ord. 656, 4/9/2015]
1.Â
Where Township, MTMA, ACHD and/or DEP ordinances, regulations, permits
and/or approvals require that the owner of the lot on which a sewage
facility is to be located execute an operation and maintenance agreement
with the Township and/or MTMA, such agreement shall be in a form acceptable
to the Township Solicitor and/or MTMA solicitor, as applicable. The
Board of Supervisors and the MTMA Board of Directors may adopt, from
time to time by resolution, a standard form operation and maintenance
agreement.
2.Â
The operation and maintenance agreement may contain conditions imposed
on the owner by the Township and/or the MTMA with respect to construction,
usage, payment of fees, operation and maintenance of the subject sewage
facility provided that the ultimate responsibility for operation and
maintenance of the subject sewage facility is that of the owner and
further provided that such conditions are acceptable to the MTMA.
3.Â
The operation and maintenance agreement shall contain:
A.Â
The specific party responsible for the maintenance.
B.Â
A continuing schedule of regular, specific maintenance.
C.Â
Assurance of Township and/or MTMA, as appropriate, access to the
control facilities for inspection and/or maintenance.
D.Â
An understanding that if the party responsible fails to correct specific
problems discovered by the Township and/or MTMA, as appropriate, during
inspection and brought to the responsible party's attention,
the Township and/or MTMA, as appropriate, may perform the required
work and bill the owner for all costs incurred.
4.Â
In connection with the execution of an operation and maintenance
agreement, the Township and/or MTMA, as appropriate, may require the
owner to post financial security in an amount acceptable to the Township
and/or MTMA, as appropriate.
5.Â
Any violation or breach of an operation and maintenance agreement
shall be considered a violation of this Part.
[Ord. 656, 4/9/2015]
The Code Official is hereby authorized to enforce this Part
and to undertake any inspection of any properties in the Township
to determine whether:
[Ord. 656, 4/9/2015]
Any person, firm or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof or the rules and regulations adopted hereunder, upon conviction
thereof in an action brought before a magisterial district judge in
the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine of not less than $300 nor more than $5,000 plus costs,
including reasonable attorney fees incurred by the Township, and,
in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist and for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violation of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Manager, the Police Department, the Code
Official, the authorized designee of the Township Manager, and to
any other officer or agent that the Township Manager or the Board
of Supervisors shall deem appropriate.
[Ord. 656, 4/9/2015]
If the owner of any real property in the Township neglects or
refuses to maintain any sewage facility as required by this Part,
the Township and/or the MTMA, as appropriate, may perform or cause
to be performed such work as may be necessary to bring it into compliance
with the provisions of this Part and all applicable federal, state,
county, Township, ACHD, DEP and MTMA laws, statutes, ordinances and
regulations, including but not limited to the repair, removal and/or
replacement of the sewage facility at the cost and expense of the
owner of the subject real property, together with all charges and
expenses incidental thereto; which sum shall be collected from said
owner for the use of the Township and/or the MTMA, as appropriate,
as debts are by law collectible, or if not paid within six months
of completion, the Township and/or the MTMA, as appropriate, may file
municipal liens as provided by law.
[Ord. 656, 4/9/2015]
In addition to any other remedies provided in this Part, any
violation of this Part shall constitute a nuisance and may be abated
by the Township, the MTMA, the ACHD, or the DEP by either seeking
mitigation of the nuisance or appropriate equitable or legal relief
from a court of competent jurisdiction.
