[Ord. 1-1990, 6/5/1990, § 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 the health, safety
and welfare of the inhabitants of this Township.
[Ord. 1-1990, 6/5/1990, § 2]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
SEO of Tioga 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.
Covington Township, Tioga 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.
[Ord. 1-1990, 6/5/1990, § 3]
The Authority 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.
[Ord. 1-1990, 6/5/1990, § 4]
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.
[Ord. 1-1990, 6/5/1990, § 5]
All such rules and regulations adopted by the Authority 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. 1-1990, 6/5/1990, § 6]
The Authority 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. 1-1990, 6/5/1990, § 7; as amended by Ord.
1-2004, 6/21/2004]
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 Authority, 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.
2.
The Authority will receive, review and retain pumping receipts from
permitted holding tanks.
3.
The Authority will complete and retain annual inspection reports
for each permitted tank.
[Ord. 1-1990, 6/5/1990, § 8]
1.
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 the rules
and regulations of the Authority and any administrative agency of
the Commonwealth of Pennsylvania.
B.
Permit only the Authority or its agent to inspect holding tanks on
an annual basis.
C.
Permit only the Authority or its agent to collect, transport, and
dispose of the contents therein.
[Ord. 1-1990, 6/5/1990, § 9; as amended by Ord.
1-2004, 6/21/2004]
Any person who violates any provisions of § 18-308 shall, upon conviction thereof in an action brought before a district justice 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 more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 1-1990, 6/5/1990, § 10]
In addition to any other remedies provided in this Part, any violation of § 18-308 above shall constitute a nuisance and shall be abated by the Township or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
