[HISTORY: Adopted by the Board of Supervisors of the Township of Robinson as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-10-1992 by Ord. No. 2-1992]
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 residential 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:
- 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 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.
- Robinson Township, Washington 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 municipality 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 municipality 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. Said rules and regulations shall be enacted and/or adopted by resolution.
All such rules and regulations adopted by the municipality 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 municipality shall have the right and power to fix, alter, charge, set, impose, and collect rates, assessments and other charges in the area served by its facilities at reasonable and uniform rates as authorized by applicable law. Additionally, the municipality shall have the right and power to authorize any person to install and maintain a holding tank subject to the rules and regulations of the municipality and subject to the bonding requirements as pertains to the maintenance and servicing of the same, which shall be determined and fixed by the municipality within its sole discretion. Said rates, assessments and other charges as well as the rules and regulations pertaining to bonding requirements or otherwise shall be enacted and/or adopted by resolution.
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 municipality, 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. Until such time as directed otherwise by the municipality, it shall be the responsibility of the owner who uses or intends to use or has a holding tank on his or her premises to obtain and use a person or entity as licensed and/or approved by the Department of Environmental Protection for purposes of collection and transportation of all sewage from the holding tank to the disposal site.
The municipality will receive, review and retain pumping receipts from permitted holding tanks.
The municipality will obtain and retain annual inspection reports for each permitted tank.
At such time as the municipality directs the owner to discontinue and/or cease any further activity as pertains to the holding tank and/or the person or service providing transportation or collection services, the owner shall immediately comply and therein no further activity as pertains to the same shall be permitted nor condoned except upon express consent and authorization by the municipality.
At such time as municipal sewer facilities are installed and/or are available for use as pertains to a premises or improved property which is currently being serviced by a holding tank, upon demand by the municipality to said owner, the use of the holding tank shall cease and discontinue and therein the owner shall make use of the municipal sewage system pursuant to the rules, regulations and requirements then in effect and shall make no further use of said holding tank except as may be specifically permitted by the municipality.
The municipality shall not issue any permit for nor authorize the use of any holding tank for use or service on or for any property for which any sewage treatment facility has been approved or certified by the Sewage Enforcement Officer of the municipality and/or by the Department of Environmental Protection. Wherein the municipality is strictly prohibited from allowing the use of any holding tank on or for any property within the Township that otherwise could be served by another available or approved sewage treatment system.
The owner of an improved property that utilizes a holding tank shall:
Maintain the holding tank in conformance with this article or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the municipality and any administrative agency of the Commonwealth of Pennsylvania.
Permit only the municipality or its agent to inspect holding tanks on an annual basis or, if directed by the municipality, have said holding tank inspected on an annual basis by a person or entity certified to do so and thereafter submit the results of said inspection to the municipality. Nothing in this section nor otherwise in this article shall be construed or interpreted to indicate that the same in any way interferes with any rights, duties, obligations or authorities of the Pennsylvania Department of Environmental Protection.
Permit only the person or service authorized by the municipality and the Department of Environmental Protection to collect, transport and dispose of the contents therein.
Provide a bond or similar financial security as excepted by the municipality conditioned upon compliance with all of the provisions contained in this article and in an amount sufficient to meet the cost and/or expense of collecting, transporting and disposing of the contents therein, based on maximum capacity, for a number of four procedures. The municipality may amend and/or alter the amount of the bond and/or financial security required by resolution and/or set the same by resolution at such time or times as deemed appropriate by the Board of Supervisors of the municipality.
Use only such holding tank as is permitted by the Department of Environmental Protection and/or any other regulatory agency, bureau or department that has jurisdiction thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation violating any provision of this article, or who fails to act in compliance with this article, shall 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.
In addition to any other remedies provided in this article, any violation of § 352-8 above shall constitute a nuisance and shall be abated by the municipality by either seeking mitigation of the nuisance of appropriate equitable or legal relief from a court of competent jurisdiction or by any other means as provided by law or in equity.
All ordinances or resolutions or parts of ordinances or resolutions, insofar as they are inconsistent herewith, be and the same are hereby repealed.
If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this article. It is hereby declared as the intent of the Board of Supervisors of the Township that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included therein.
This article shall become effective five days after its adoption.
[Adopted 11-12-2001 by Ord. No. 2-2001]
Every owner of property in Robinson Township whose property abuts upon any line of the sanitary sewers of the Midway Sewerage Authority (hereinafter called the "Authority") shall connect, at his own costs, the building, buildings or other structures located on said property that are within 150 feet of said sanitary sewers with said sanitary sewers for the purpose of disposing of all sanitary sewage as is customarily disposed of in a system of sanitary sewers.
It shall be unlawful for any owner, lessee or occupier of any property who is required to connect to the sanitary sewer system of said Authority to employ any means, either by septic tank or otherwise, for the disposal of sanitary sewage other than into and through the sanitary sewers of said Authority.
Where any structure is now or hereafter may be connected to any septic tank or using any method by which sanitary sewage is disposed of or eliminated other than through the sanitary sewer system of said Authority, it shall be the duty of the Authority to notify the owner, lessee or occupier of such structure, in writing, either by personal service or certified mail, to disconnect the same and make proper connections for the discharge and disposal of sewage through the sanitary sewer system of the Authority, as hereinafter provided, within 60 days after receipt of such notice, and the Authority is hereby authorized to do so in its own name and/or on behalf of the Township.
In case any owner of property required to connect to such sewer shall neglect or refuse to connect with and use said sewers for such period of 60 days after notice to do so has been served upon him/her, either by personal service or by certified mail as aforesaid, the Authority or its agents may enter upon such property and construct such connection. In such case, the Authority Secretary or other authorized person on behalf of the Authority shall forthwith upon completion of the work send an itemized bill of the cost of construction of such connection to the owner of the property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such property to pay said bill, a municipal lien for said construction shall be filed within six months of the date of completion of the construction of said connection, the same to be subject in all respects to the general law providing for the filing and recovery of municipal liens. Robinson Township hereby authorizes and empowers the Authority to act on behalf of the Township or in its own right in regards to the previous provisions.
Any person required to connect a residential property with the sewer system of the Authority shall make application for a tapping permit therefor to the Authority on forms furnished by the Authority and shall set forth in said application the character of structure and use, the lot number and location, and the name of the person who is to make the connection.
No privy vault, cesspool, septic tank or similar receptacle for human excrement shall at any time, now or hereafter, be connected with the sanitary sewers of the Authority.
No privy vault, cesspool, septic tank or similar receptacle for human excrement shall hereafter be maintained upon any premises from which connection with any of the sanitary sewers of the Authority shall have been made. Every such privy vault, cesspool, septic tank or other receptacle shall, within 30 days after final enactment of this article in the case of premises now connected with a sewer, and within 30 days after connection with a sewer in the case of premises hereafter so connected, be abandoned, cleansed and filled under the direction and supervision of the Authority or its agents. Any such privy vault, cesspool, septic tank or other receptacle not abandoned, cleansed, or filled as required by this section shall constitute a nuisance and may be abated on order of the Board of the Authority, as provided by law, at the expense of the owner of such property and with the authorization and authority of the Township so to do.
The construction of all private sewers or laterals and their connections with any lines of the sewer system shall be done in accordance with rules and regulations established by the Authority, and shall be inspected by the Authority Engineer, or his representative, before being covered.
The Township hereby delegates to the Authority the sole and exclusive authority and responsibility to set all charges and fees for tapping permits.
The tap charge herein fixed and established shall be payable at the time the application shall be made for a permit to tap into said sanitary system.
It shall be unlawful for any person, firm, or corporation to tap into said sanitary system before making payment of the charges herein established.
Any person, persons, partnership or any agents or executive officers of any corporation violating any provision of this article shall, upon conviction, be subject to a fine of not less than $100 and not more than $600 and cost of prosecution, and, in default of the payment of said fine and costs, the defendant may be committed to the county jail for a period not exceeding 30 days. The Authority is specifically authorized and empowered to enforce all of the terms and requirements of this article.
The provisions of this article shall be severable, and, if any of the provisions shall be held to be unconstitutional or invalid for any reason, such decision shall not affect the validity of any of the remaining provisions of this article. It is hereby declared as the legislative intent that this article would have been adopted had such unconstitutional or invalid provision not been included therein.