[Adopted 5-9-1994 as Ord. No. 851]
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 meanings of terms used in this article shall be as follows:
- The Commissioners of the Township of Wilkins in Allegheny 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 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.
- The Township of Wilkins in Allegheny 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 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 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 and charges in connection with the administration of this article and, in addition, collect amounts in lieu of sewer rental fees. Such rates, charges and fees shall be established by resolution of the Board of Commissioners and amended from time to time.
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 Resources of the Commonwealth of Pennsylvania.
The authority will receive, review and retain pumping receipts from permitted holding tanks.
The authority will complete and retain annual inspection reports for each permitted tank.
The owner of an improved property that utilizes a holding tank shall:
Apply for and obtain a holding tank permit.
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.
Permit the authority to inspect holding tanks at its discretion.
Permit only a duly licensed waste holder approved by the authority to collect, transport and dispose of the contents of a holding tank.
Provide to the authority on a monthly basis a record of holding-tank removal dates and the name of the waste hauler.
[Amended 12-28-1998 by Ord. No. 917]
Any person who violates any provisions of § 131-20 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not more than $1,000 and costs and, in default of said fine and costs, to undergo imprisonment in the county prison for a period not in excess of 30 days.
In addition to any other remedies provided in this article, any violation of § 131-20 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.