[Adopted 9-26-1983 by Ord. No. 144 (Ch.
18, Part 3, of the 1993 Code)]
[Amended 8-22-1994 by Ord. No. 255]
In addition to the definitions provided under and by § 275-1 of Article I of this chapter, the following phrases, when used in this article and in Articles II and III of this chapter, shall have the same meanings given such phrases in the Pennsylvania Sewage Facilities Act:[1]
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
The owner, lessee and/or party in possession
of any real estate upon which any part of an individual sewage system
or community sewage system is located and the owner, lessee and/or
party in possession of any premises serviced by such system shall
be responsible jointly or severally for the maintenance and repair
of such system including the collection and/or treatment facilities,
and all other parts thereof as hereinafter set forth.
[Amended 10-21-1996 by Ord. No. 271]
The party or parties responsible for the maintenance
and repair of an individual or community sewage system as set forth
above shall maintain and repair said system as necessary so that the
system will operate properly and effectively and in accordance with
all regulations of the Department of Environmental Protection or any
other controlling governmental agency.
No seepage of waste from any individual or community
sewage system whether now established or hereafter installed shall
under any circumstances be permitted to come to ground surface and
the party or parties responsible therefor shall do whatever is necessary
to prevent such seepage.
[Amended 8-22-1994 by Ord. No. 255; 10-21-1996
by Ord. No. 271]
Whenever the Department of Environmental Protection, the Health Department or other governmental agency having jurisdiction finds that an individual or community sewage system is a nuisance by causing pollution or a health hazard, and issues a written order to the responsible party or parties (as identified in § 275-15 of this article) to abate the nuisance and correct the objectionable conditions, the responsible party or parties shall comply fully with the order in the manner and by the time set forth in the order.
[Amended 8-22-1994 by Ord. No. 255; 10-21-1996
by Ord. No. 271]
If the order of abatement and correction (as provided in § 275-18 of this article) is not fully complied with in the manner and by the time specified therein, the Department of Environmental Protection, the Health Department or other governmental agency having jurisdiction, may remove and abate the nuisance and correct the objection condition, and may recover the cost and expense of such action from the responsible party or parties. The Township, in addition and/or in the alternative to but not in limitation of the foregoing and in addition to such other or further remedies as may be provided by law or at equity, may institute an appropriate action in law or at equity to restrain and abate the nuisance and/or to require the repair and maintenance of the subject sewage system.
[Added 9-29-2003 by Ord. No. 356]
The Board of Commissioners is hereby authorized
to adopt, by resolution, rules and regulations for the maintenance
and repair of on-lot systems to be applied in those instances when
the Pennsylvania Department of Environmental Protection (DEP) requires
an agreement between the Township and a property owner for maintenance
and repair of an existing on-lot individual sewage system, or when
the Township reasonably believes that such an agreement is necessary
in order to protect the health, safety, and welfare of its residents.
Such rules and regulations may be amended from time to time by further
resolution of the Board of Commissioners. The rules and regulations
may include provisions for the payment of fees and the establishment
of an escrow account.
