[Adopted 3-1-1976 by Ord.
No. 76-1 (Art. 920 of the 1960 Code)]
The purpose of this article is to establish procedures for the
use and maintenance of holding tanks designed to receive and retain
sewage whether from residential or commercial uses, and it is hereby
declared that this article is necessary for the protection, benefit
and preservation of the health, safety and welfare of the inhabitants
of the Township.
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this article shall be as follows:
The Sewer Authority of Lower Paxton Township, Dauphin County,
Pennsylvania.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include but are not limited
to the following:
CHEMICAL TOILETA toilet uing chemicals that discharge to a holding tank.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
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.
Lower Paxton Township, Dauphin 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.
The Authority is hereby authorized and empowered to undertake
within the Township the control and methods of holding tank sewage
disposal and the collection and transportation thereof.
A.
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 purpose herein.
B.
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.
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.
[Amended 9-12-1994 by Ord. No. 94-20]
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 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.
B.
The Authority shall receive, review and retain pumping receipts from
permitted holding tanks.
C.
The Authority shall complete and retain annual inspection reports
for each permitted tank.
[Amended 9-12-1994 by Ord. No. 94-20]
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this article or any
other ordinance of the municipality, 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.
[Amended 9-12-1994 by Ord. No. 94-20]
In addition to any other remedies provided in this article, any violation of § 159-46 above shall constitute a nuisance and shall be abated by the Authority or the municipality by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
This article shall be enforced by action brought before a District
Justice in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. Any person,
firm or corporation who or which violates or permits the violation
of this article shall, upon conviction in a summary proceeding, be
punishable by a fine of not more than $1,000 or by imprisonment for
a term not exceeding 90 days. Each day or portion thereof that such
violation continues or is permitted to continue shall constitute a
separate offense. Each section of this article that is violated shall
also constitute a separate offense.
